IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Bail Appl..No. 1764 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.1025/2008 Dated 28/02/2008 CRMP.785/2007 of J.M.F.C.,THIRUVALLA CRIME NO.273/07 OF THIRUVALLA POLICE STATION .................... PETITIONER/ACCUSED NO.2 (IN CUSTODY) ----------------------------------------------------- K.K.RAJU, S/O.KOCHUCHERUKKON, THEKKEKOTTA MELETHIL VEEDU, VALLOMKULAM WEST MURI, ERAVIPEROOR VILLAGE, THIRUVALLA. BY ADV. SRI.V.MANOJ KUMAR SRI.IYPE JOSEPH RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1764 OF 2008 ------------------------------------------------- Dated this the 19th day of March, 2008 ORDER Second application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. The earlier application filed by the petitioner was dismissed as per the order dated 28/2/08 in B.A.No.1025/08. The petitioner remains in custody from 23/1/08. A large quantity of 7595 litres of spirit is involved in this crime. 2. The learned Public Prosecutor submits that the investigation is not over yet. He, in these circumstances, opposes the bail application; but submits that there is no prospect of the final report being filed within a period of 60 days from the date of the first remand. In these circumstances, the learned Public Prosecutor submits that the State has no objection against the grant of bail with effect from 23/3/2008 - the date on which the petitioner would become entitled to bail B.A. No. 1764 OF 2008 -: 2 :- by default under the proviso to Sec.167(2) of the Cr.P.C. 3. I am, in these circumstances, satisfied that the petitioner can be granted bail subject to appropriate terms and conditions. 4. In the result: (a) This application is allowed. The petitioner 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 23/3/08. The Investigator shall, in the meantime, make every endeavour to complete the investigation. (ii) 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 noon 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) Nan/ B.A. No. 1764 OF 2008 -: 3 :- He was allegedly found to be in possession of 11 litres of Indian Made Foreign Liquor on 26/11/07. He was arrested and continues in custody from that date. The learned Public Prosecutor submits that the petitioner has two other earlier cases also registered under the Abkari Act. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. 3. In the result: (a) The application is allowed. (b) The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioner 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 B.A. No. 1764 OF 2008 -: 4 :- Officer in writing to do so. (R. BASANT, JUDGE) Nan/