IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Bail Appl..No. 8142 of 2007() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.7704/2007 CRIME NO.39/07 OF BADIADKA EXCISE RANGE .................... PETITIONER : 1ST ACCUSED: ----------------------------- BIMAL.B., S/O.BRAHMANANDAN, KARUNAGAPPALLY, NEENDAKARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.T.A.RAMADASAN SRI.CIBI THOMAS RESPONDENTS: COMPLAINANT/STATE: ------------------------------- 1. EXCISE INSPECTOR, BADIADKA EXCISE RANGE, KASARAGODE DISTRICT. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/01/2008, ALONG WITH BA NO. 66 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.8142 of 2007 and B.A.No.66 of 2008 ------------------------------------- Dated this the 8th day of January, 2008 ORDER Applications for regular bail. Petitioners are co-accused in a crime registered under the Kerala Abkari Act. On 07.11.07, both the petitioners were allegedly involved in the transportation of 3,200 litres of spirit in a vehicle. They were arrested on that day. They continue in custody from that date. Investigation is in progress. Final report has not been filed yet. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can now be enlarged on bail. A period of 60 days having elapsed from the date of the first arrest and the final report having not been filed yet, I am satisfied that the petitioners can be released on bail subject to appropriate terms and conditions. 3. In the result, these applications are allowed. The petitioners shall be released on bail on the following terms and conditions. B.A.No.8142 of 2007 and B.A.No.66 of 2008 2 i) The petitioners shall execute bonds for Rs.2,00,000/- (Rupees Two lakhs only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioners shall make themselves 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 and thereafter as and when directed by the Investigating Officer in writing to do so; iii) The petitioners shall not leave the Sessions Division of Kasaragod during the said period of 3 months without the prior permission of the learned Magistrate. (R.BASANT, JUDGE) rtr/-