IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 Bail Appl..No. 7 of 2008() -------------------------------- CRIME NO.167/2007 OF ARYANAD EXCISE RANGE ..... PETITIONERS/ACCUSED -------------------- 1. SHIBU, S/O. KRISHNAN, ERUMODE CHIRAKONAM PUTHEN VEEDU, KOTTAKKAKAM MURI, ARYANAD VILLAGE, NEDUMANGAD TALUK. 2. MANIYAN, S/O. RAJAYYAN NADAR, KURAKKODE VADAKKUMKARA PUTHEN VEEDU, PUTHUKULANGARA DESOM, UZHAMALAKKAL VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 7 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of January, 2008 O R D E R Application for regular bail. The petitioners face allegations under the Kerala Abkari Act. They were allegedly found engaged in distillation on 13.12.2007. They were allegedly having 30 litres of wash, 20 litres of arrack and implements for distillation in their possession. They were arrested and they continue in custody from that date. The learned Prosecutor reports that the first petitioner has no history of any criminal antecedents, whereas the second petitioner has one other case under the Kerala Abkari Act registered against him. 2. The learned counsel for the petitioners prays, the learned Prosecutor does not oppose the said prayer on condition that the Investigator is granted reasonable further time to complete the investigation and I am satisfied that the petitioners can now be directed to be enlarged on bail subject to appropriate terms and conditions. B.A.No. 7 of 2007 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 18.1.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) They shall execute bonds for Rs.1,000,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (c) They shall make themselves 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 and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm B.A.No. 7 of 2007 3