IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND NOVEMBER 2007 / 11TH KARTHIKA 1929 Bail Appl..No. 6638 of 2007() ----------------------------- CRIME NO. 28/07 OF THAMARASSERY EXCISE RANGE CMP.3645/2007 of J.M.F.C.-I,THAMARASSERY .................... PETITIONER/ACCUSED ----------------------------------- SOUND PRABHAKARAN @ PRABHAKARAN, S/O.MOOTHORANKUTTY, KEDAVUR AMSOM, CHEMAL DESOM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT AND STATE ---------------------------------- 1. THE EXCISE INSPECTOR, THAMARASSERY EXCISE RANGE. 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SR. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 6638 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of November, 2007 O R D E R Application for regular bail. Th petitioner was allegedly found to be in possession of 10 litres of arrack on 28.7.2007. He was arrested later on 22.10.2007 and he continues in custody from that date. The learned Prosecutor submits that the petitioner has no history of any criminal antecedents. 2. The learned counsel for the petitioner prays, the learned 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 directed to be enlarged on bail subject to appropriate terms and conditions. 3. In the result: 1) This application is allowed. B.A.No. 6638 of 2007 2 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall not be released from custody on the strength of this order prior to 12.11.2007. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) He shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (c) He 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 tm B.A.No. 6638 of 2007 3