IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Bail Appl..No. 1349 of 2008() ----------------------------- CMP.527/2008 of J.M.F.C.-I,KOTTARAKKARA CR.NO.50/2007 OF EZHUKONE EXCISE RANGE .................... PETITIONER/ACCUSED NO.2 ----------------------------- AJITH, S/O.SURENDRAN KODIYATTU KIZHAKKATHIL VEEDU EDAKKIDOM MURI, KAREEPRA VILLAGE BY ADV. SRI.PREMCHAND R.NAIR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY EXCISE-INSPECTOR, EZHUKONE EXCISE RANGE REPRESENTED THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1349 of 2008 ---------------------------------------- Dated this the 4th day of March 2008 O R D E R Application for regular bail. The petitioner is the second accused. He faces allegations under the Kerala Abkari Act. He was allegedly having possession of 1000 litres of wash. Offence was detected on 10/9/2007. The co-accused was arrested on that day. The petitioner surrendered long later on 15/1/2008. He has no history of any criminal antecedents, submits the learned Public Prosecutor. 2. The learned Public Prosecutor submits that the allegations are serious and in these circumstances, the State agrees only to the grant of bail to the petitioner after giving the investigating officer the full complement of sixty days to complete the investigation. 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: i) The petitioner shall not be released on bail on the strength of this order prior to 15/03/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. B.A.No.1349/08 2 ii) He shall execute a bond for Rs.1,00,000/- (Rupees one lakh 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 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) jsr B.A.No.1349/08 3 B.A.No.1349/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007