IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD DECEMBER 2007 / 12TH AGRAHAYANA 1929 Bail Appl..No. 7415 of 2007() ----------------------------- CRIME NO. 428/07 OF KORATTY POLICE STATION PETITIONER/ACCUSED NO.1 ---------------------------------------- SHABU, S/O. GANGADHARAN, ARACKAL HOUSE, KARAMATTOM KARA, KARUKUTTY VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/12/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------- B.A. NO. 7415 of 2007 ------------------------------------------------- Dated this the 3rd day of December, 2007 ORDER Application for regular bail. The petitioner is the 1st accused. Altogether, there are two accused persons. The 2nd accused arrested along with the petitioner has already been released on bail. The crux of the allegations against the accused persons is that they were transporting 16.5 litres of Indian Made Foreign Liquor along with 36 bottles of beer on 11/11/07. They were arrested on that day and the petitioners continue in custody from that date. The petitioner has two other cases also registered under the Abkari Act, 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 Investigator is granted reasonable further time to complete the investigation and I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. B.A. NO. 7415 of 2007 -: 2 :- 3. In the result: (a) This application is allowed. The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall not be released from custody on the strength of this order prior to 11/12/2007. The Investigator shall, in the meantime, make every endeavour to complete the investigation. (ii) The petitioner shall execute a bond for Rs.50,000/- 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 on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT, JUDGE) Nan/