IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 Bail Appl..No. 397 of 2008() ---------------------------- CMP.322/2008 of J.M.F.C.,IRINJALAKUDA C.R.NO.5/08 OF EXCISE RANGE, IRINJALAKUDA .................... : PETITIONER/ACCUSED ----------------------------------- BABU, S/O.KUTTAN, MALATH (V) ALANGAD DESOM, KALOOR VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: STATE OF KERALA/COMPLAINANT ---------------------------------------- THE STATE OF KERALA, REP. BY THE EXCISE RANGE OFFICER, IRINJALAKUDA EXCISE RANGE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.397 of 2008 ------------------------------------- Dated this the 24th day of January, 2008 ORDER Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to be transporting and possessing 5 litres of Indian Made Foreign Liquor on 13.1.08. There is a specific allegation that the liquor bottle did not contain the seals/security stickers of the Beverages Corporation. The petitioner was arrested on 13.01.08. He continues in custody from that date. The learned Public Prosecutor points out that the petitioner has no history of any criminal antecedents. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigator is given reasonable further time to complete the investigation and I am satisfied that the petitioner can now be directed to be released on bail subject to appropriate terms and conditions. 3. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. B.A.No.397 of 2008 2 i) The petitioner shall not be released on the strength of this order prior to 28.01.2008. The Investigators shall in the meantime make every endeavour to complete the investigation; ii) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty five 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 as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-