IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 17TH SEPTEMBER 2007 / 26TH BHADRA 1929 Bail Appl..No. 5551 of 2007() ----------------------------- [CRIME NO.99/07 OF PAYYAVOOR POLICE STATION, KANNUR DT.] PETITIONER/ACCUSED ----------------------------------- KARIVELIL JOHN,S/O. MATHAI,AGED 70 YEARS CHANDANAKKAMPARA P.O., PAYYAVOOR AMSOM THALIPARAMBA TALUK,KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENTS: COMPLAINANT ------------------------ STATION HOUSE OFFICER, PAYYAVOOR POLICE STATION KANNUR DISTRICT.(CRIME NO. 99/07 OF PAYYAVOOR POLICE STATION,KANNUR DISTRICT. REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.5551 of 2007 ---------------------------------------- Dated this the 17th day of September 2007 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. The petitioner was allegedly found to be in possession of 5 litres of IMFL on 21/08/2007. He was arrested and continues in custody from that date. The learned Public Prosecutor submits that the petitioner was arrayed as an accused in a crime in 2004 also under the Kerala Abkari Act. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigating officer is granted reasonable further time to complete the investigation and I am satisfied that the petitioner can now be directed to be enlarged on bail subject to appropriate conditions. 3. In the result, this petition is allowed. The petitioner can now be enlarged on bail on the following terms and conditions: i) The petitioner shall not be released on bail on the strength of this order prior to 21/09/2007. The investigating B.A.No.5551 /07 2 officer shall, in the meantime, make every endeavour to complete the investigation. ii) He shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. iii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months from the date of his release and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) jsr B.A.No.5551 /07 3 B.A.No.5551 /07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007