IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1900 of 2008(J) ------------------------------ CRIME NO.72/2008 OF VELLIKULANGARA POLICE STATION .................... : PETITIONER/ACCUSED ----------------------------------- JENISH, AGED 19, S/O.SURENDRAN, KANIYAMPARAMBIL HOUSE, KARAPAZHAM DESOM, KUTTICHIRA, THRISSUR DIST. BY ADV. SRI.M.H.HANIL KUMAR RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. S.I. OF POLICE, VELLIKULANGARA POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1900 of 2008 ---------------------------------------- Dated this the 26th day of March 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. Altogether there are five accused persons. The petitioner is the fifth accused. 225 litres of arrack and 55 litres of spirit were allegedly kept in possession by the five accused persons in a room in the house of the first accused. Seeing the police party, all the others took to their heels; but the petitioner and the second accused were arrested at the spot on 14/2/2008. The petitioner continues in custody from that date. The petitioner has no history of any criminal antecedents, submits the learned Public Prosecutor. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The first accused is the mother's brother of the petitioner. Only to coerce the first accused to surrender, false allegations are being raised against the petitioner, it is submitted. 3. The learned Public Prosecutor only prays that the investigating officer may be granted some further time to complete the investigation and I am satisfied that regular bail B.A.No.1900/08 2 can be granted to the petitioner, who has remained in custody from 14/2/2008, subject to appropriate conditions. 4. 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 07/04/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. 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.1900/08 3 B.A.No.1900/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007