IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 Bail Appl..No. 2173 of 2008() ----------------------------- CMP.1129/2008 of J.M.F.C.-I,KOZHIKODE CRIME NO.51/08 OF CHEVAYOOR POLICE STATION .................... PETITIONER : ACCUSED ------------------------ ASOKAN, S/O.PACHUKUTTY RESIDING AT H.NO.175, VALLEYKKATTUMMAL KURUVATTOOR, KOZHIKODE. BY ADV. SRI.V.V.SURENDRAN RESPONDENTS: STATE AND COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. STATION HOUSE OFFICER CHEVAYOOR POLICE STATION, CHEVAYOOR. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2173 of 2008 ------------------------------------- Dated this the 8th day of April, 2008 ORDER Application for regular bail. Petitioner faces allegations under the Kerala Abkari Act. The petitioner was allegedly found to be in possession of 10 litres of arrack on 16.02.2008. He could not be arrested on that day. He surrendered later on 14.03.08 and continues in custody from that date. Investigation is in progress. Final report has not been filed. The learned Public Prosecutor submits 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.2173 of 2008 2 i) The petitioner shall not be released on the strength of this order prior to 11.04.2008. The Investigators shall in the meantime make every endeavour to complete the investigation; ii) The petitioner 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 2 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) rtr/-