IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Bail Appl..No. 987 of 2008() ---------------------------- CMP.851/2008 of J.M.F.C.-I,KOTTARAKKARA C.R.43/07 OF EZHUKONE EXCISE RANGE .................... PETITIONER/ACCUSED: ------------------------------------ VIJAYAN, S/O. THANKAPPAN, BEENA BHAVAN, EDAVATTOM CHERI, PAVITHRESWARAM VILLAGE, KOTTARAKKARA. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 987 OF 2008 ```````````````````````````````````````````````````` Dated this the 20th day of February, 2008 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 4 litres of arrack on 2.9.2007. He was not available for arrest. He was produced and his arrest was recorded on 1.2.2008 he having been arrested and detained in some other crime. The petitioner has five other crimes under the Kerala Abkari Act also to his credits, submits the learned Public Prosecutor. 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 regular bail can be granted to the petitioner subject to appropriate conditions. 3. In the result, this petition is allowed. The petitioner BA.987/08 : 2 : shall 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 1.3.2008. The investigating 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) aks