IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1907 of 2008() ----------------------------- EXCISE CRIME NO.136/07 OF ADOOR RANGE PETITIONER/ACCUSED ----------------------------------- VIJAYAN, S/O NARAYANAN, PALACHUVATTIL VEEDU, THALAYARA MURI, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. THE EXCISE INSPECTOR, ADOOR EXCISE RANGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY P.P. SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008 ALONG WITH B.A.NOS.1926 & 1927/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------- B.A. Nos. 1907, 1926 & 1927 of 2008 ------------------------------------------- Dated this the 26th day of March, 2008 ORDER Applications for regular bail. The common petitioner faces allegations in three different crimes – all registered under the Kerala Abkari Act. He was allegedly found to be in possession of 5 litres of arrack on 29/11/07, 15 litres of spirit on 6/10/07 and 95 litres of spirit on 10/2/07. He was arrested in yet another case with effect from 29/12/07. His formal arrest in these three crimes was recorded on 5/2/08. Thus though, in fact, he continues in custody from 29/12/07, he continues in custody in these three cases only from 5/2/08. The petitioner has one other case – the one in which he was earlier arrested also under the Kerala Abkari Act. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that the Investigator is granted time till 5/4/07 to complete the investigation and I am satisfied that the B.A. Nos. 1907, 1926 & 1927 of 2008 -: 2 :- petitioner can be granted regular bail with effect from 5/4/08 subject to appropriate terms and conditions. 3. In the result: (a) These applications are allowed. The petitioner in these three cases shall be released on bail on the following terms and conditions: (i) The petitioner shall not be released from custody on the strength of this order prior to 5/4/08. The Investigator shall, in the meantime, make every endeavour to complete the investigation. (ii) In each case the petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh 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 on all Mondays and Fridays between 10 a.m. and 12 for a period of two months from the date of his release or till the final reports are filed whichever is earlier. (R. BASANT, JUDGE) Nan/