IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Bail Appl..No. 2246 of 2008() ----------------------------- CR NO. 67/08 OF POOYAPPALLY POLICE STATION CMP.427/2008 of J.M.F.C.-II,KOTTARAKKARA .................... PETITIONER : ACCUSED ------------------------ SUNIL, S/O,NARAYANAN VISAKOM, KONATHUMUKKU CHEPRA MURI, ODANAVATTOM VILLAGE, KOTTARAKKARA. BY ADV. SRI.ALEXANDER GEORGE SRI.DILIP MOHAN RESPONDENTS: ------------- 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. 2. SUB INSPECTOR OF POLICE POOYAPPALLY POLICE STATION KOTTARAKARA. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2246 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of April, 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to carry one container carrying 33 litres of spirit on 31.1.2008. He was intercepted. It was seen that he was carrying such a can from a consignment of about five more such consignment containing 33 litres of spirit each. He was arrested on 20.2.2008 and he continues in custody from that date. 2. The learned Prosecutor submits that the investigation is not complete and there is no prospect of the final report being filed prior to 20.4.2008. The learned Prosecutor in these circumstances submits that the State has no objection in regular bail being granted to the petitioner w.e.f. 20.4.2008, on which date he will be entitled for bail by default under the proviso to Section 167(2) Cr.P.C. The learned Prosecutor further submits that the petitioner has no criminal antecedents. B.A.No. 2246 of 2008 2 3. In the result: 1) This application is allowed. 2) The petitioners shall be released on bail on the following terms and conditions. a) The petitioners shall not be released from custody on the strength of this order prior to 20.4.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) The petitioners shall execute bonds for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (c) He shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of three 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 tm