IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 Bail Appl..No. 502 of 2008() ---------------------------- CRMP.135/2008 of I ADDL. DISTRICT COURT, KOLLAM CRIME NO.171/2007 OF KOTTARAKKARA EXCISE RANGE .................... : PETITIONER/ACCUSED ----------------------------------- NARAYANA PILLAI, JAYA NIVAS, AREEKAL BHAGOM MURI, NEDUVATHOOR VILLAGE. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS: COMPLAINANT AND STATE ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, KOTTARAKKARA EXCISE RANGE, KOTTARAKKARA. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.502 of 2008 ---------------------------------------- Dated this the 29th day of January 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 50 litres of arrack on 11/02/2007. He was arrested and continues in custody from that date. The petitioner has one more crime under the Kerala Abkari Act already registered against him, submits the learned Public Prosecutor. Investigation is not complete. Final report has not been filed yet. If the final report has not been filed, the petitioner who was arrested on 11/2/2008, shall be entitled for bail by default on the elapse of sixty days from the date of the first remand. 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 the full complement of sixty days 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.502/08 2 i) The petitioner shall not be released on bail on the strength of this order prior to 08/02/2008. 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.502/08 3 B.A.No.502/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007