IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Bail Appl..No. 1386 of 2008(B) ------------------------------ CMP.704/2008 of J.M.F.C.-II,NEDUMANGAD C.R. 53/07 OF NEDUMANGAD EXCISE RANGE .................... PETITIONER/ACCUSED: ------------------------------------ BIJU, S/O. PODIYAN @ CHERU MANCHAL- PODIYAN, PANNIKUZHY, MEENAMKAL. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1386 OF 2008 A ```````````````````````````````````````````````````` Dated this the 7th day of March, 2008 O R D E R Application for regular bail. Petitioner is the first accused. Altogether there are two accused persons. The 2nd accused has not been apprehended so far. The petitioner, along with the co-accused, faces allegations in a crime registered under the Kerala Abkari Act. On 21.3.07 the petitioner, along with the co-accused, was allegedly engaged in the transportation of 45 litres of arrack in a scooter. The petitioner was arrested only on 7.2.08. He continues in custody from that date. The petitioner has no history of any criminal antecedents, reports 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 investigating officer is granted reasonable further time to complete the investigation and I am satisfied that regular bail can be granted to the petitioner subject to BA.1386/08 : 2 : appropriate conditions. 3. 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 17.3.08. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) He shall execute a bond for Rs.50,000/- (Rupees fifty thousand 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 two 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) aks