IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Bail Appl..No. 955 of 2008() ---------------------------- CMP.443/2008 of J.M.F.C.-III,KOZHIKODE [CRiIME NO.63/2007 OF CHELANNUR EXCISE RANGE] ..................... PETITIONER/ACCUSED: ------------------------- UNNERIKUTTY, S/O.PACHUKUTTY, AGED 55 YEARS, RESIDING AT CHIRUMGOTTIL HOUSE, ECHANNUR DESOM, CHELANNUR VILLAGE, KOZHIKODE TALUK BY ADV. SRI.V.V.SURENDRAN RESPONDENTS: STATE AND COMPLAINANT: ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, CHELANNUR EXCISE RANGE, KOZHIKODE. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.955 of 2008 ---------------------------------------- Dated this the 18th day of February 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. 40 litres of wash and 3.5 litres of arrack were allegedly found in his possession in a shed. The petitioner was not available there for arrest. He was arrested later and continues in custody from 07/02/2008, the detection and seizure having been effected on 20/10/2007. Investigation is in progress. Final report has not been filed yet. He has no history of any criminal antecedents, 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 shall be enlarged on bail on the following terms and conditions: B.A.No.955/08 2 i) The petitioner shall not be released on bail on the strength of this order prior to 25/02/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) He shall execute a bond for Rs.75,000/- (Rupees seventy 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 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) jsr B.A.No.955/08 3 B.A.No.955/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007