IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 Bail Appl..No. 434 of 2008() ---------------------------- CR. 19/07 OF ARYANAD EXCISE RANGE CMP.69/2008 of J.M.F.C.-I,NEDUMANGAD .................... PETITIONER/2ND ACCUSED: ---------------------------------------- SURESH BABU @ APPA BABU, S/O.SADASIVAN, NOW RESIDING AT KIDANGAMUKKU MELE KUNNUMPURATHU VEEDU, KOTTAKKAKAM AT CHERUMANCHAL,MAMUNINNAKUZHI, THADATHARIKATHU PUTHEN VEEDU, KOTTAKKAKAM MURI, ARYANAD VILLAGE, NEDUMANGAD TALUK. 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 SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 434 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2008 O R D E R Application for regular bail. Petitioner is the first accused. Altogether there are two accused persons. The crux of the allegations against the petitioner is that he, along with the co- accused, was found to be in possession of 35 litres of arrack on 9.5.2007. The co-accused was apprehended at the spot. But the petitioner could not be apprehended. Investigation is in progress. The petitioner surrendered before the learned Magistrate on 2.1.2008 and he continues in custody from that date. 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 I am satisfied that the petitioner can now be directed to be enlarged on bail subject to appropriate terms and conditions. B.A.No. 434 of 2008 2 3. In the result: 1) This application is allowed. 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 4.2.2008. 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. 434 of 2008 3