IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Bail Appl..No. 194 of 2008() ---------------------------- CRMP.11556/2007 of J.M.F.C.-III, PUNALUR C.R.NO.95/2007 OF PATHANAPURAM EXCISE RANGE, KOLLAM DIST. .................... PETITIONER/ACCUSED: ------------------------- ASHOKAN @ KEEPPALLY ASHOKAN , AGED 44 YEARS, S/O.BHASKARAN, BHASKARA VILASOM, VETTIKKAVALA MURI, VETTIKKAVALA VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.C.C.THOMAS (SR.) SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY EXCISE INSPECTOR, EXCISE RANGE OFFICE, PATHANAPURAM, KOLLAM DISTRICT REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.194 of 2008 ---------------------------------------- Dated this the 14th day of January 2008 O R D E R Application for regular bail. The petitioner faces allegations in a crime registered under the Kerala Abkari Act. The petitioner was allegedly responsible for the possession of 288 litres of spirit on 31/8/2007. 2. The accused was arrested in some other crime. His arrest was recorded when he was produced before the learned Magistrate in pursuance of a production warrant issued by the learned Magistrate. He continues in custody from 19/11/2007 in this crime. 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 till 18/01/2007 (sixty days) to complete the investigation and I am satisfied that regular bail can be granted to the petitioner subject to appropriate conditions. The learned Public Prosecutor submits that the investigation is not likely to be completed and the final report cannot be filed before that date. B.A.No. 194/08 2 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 18/01/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) He shall execute a bond for Rs.2,00,000/- (Rupees two lakhs 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 three 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) jsr B.A.No. 194/08 3 B.A.No. 194/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007