IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 Bail Appl..No. 986 of 2008() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.189/2008 Dated 29/01/2008 CRIME NO.57/07 OF THE THRISSUR EXCISE RANGE OFFICE. .................... PETITIONER/ACCUSED NO.1 ---------------------------------------- SANDEEP.A.V., S/O.VELAYUDHAN, AGED 31 YEARS, RESIDING AT AIKALA PARAMBIL, PATTIKKAD, TRISSUR DISTRICT. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENTS: COMPLAINANT/STATE ------------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 986 OF 2008 ------------------------------------------------- Dated this the 13th day of February, 2008 ORDER Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. On 15/12/07 the petitioner was allegedly found moving with one can containing 35 litres of spirit towards a car from a building. One more similar can containing spirit was found available in the car. The building from which the petitioner was found moving was found to contain about 8400 litres of spirit. The petitioner was arrested. He continues in custody from 15/12/07. 2. An earlier application for regular bail filed by the petitioner was dismissed as per order dated 29/1/08 in B.A.No. 189/08. I have adverted to the facts in detail in the said order. 3. The learned counsel for the petitioner prays, learned Public Prosecutor does not oppose the said prayer – a period of 60 days having already elapsed and the final report having not B.A. No. 986 OF 2008 -: 2 :- been filed so far, and I am satisfied that the petitioner is now entitled for bail by default under the proviso to Sec.167(2) of the Cr.P.C. Appropriate conditions can, of course, be imposed. 4. 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.2,00,000/- (Rupees two lakhs only) 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 three months and thereafter as and when directed by the Investigating Officer in writing to do so. 5. This bail application is taken up out of turn though it comes up for admission only today on the representation of the learned counsel that the learned Magistrate is unwilling to consider the application because of the observations in the earlier order passed by this Court. (R. BASANT, JUDGE) Nan/