IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Bail Appl..No. 993 of 2008() ---------------------------- CMP.500/2008 of DISTRICT COURT, PALAKKAD CRIME NO.32/2007 OF PARLI EXCISE RANGE .................... : APPLICANTS/ACCUSED NOS.1 TO 5: ----------------------------------------------- 1. SURESH BABU, S/O. PADMAKOMALAM, CHALIRKADU, MUNDUR, PALAKKAD. 2. SANAL ALIAS SANILKUMAR, S/O. VASU, KUNNIL VEEDU, CHALIRKADU, MUNDUR, PALAKKAD. 3. SUNNY, S/O. VARGHESE, VALOLICKAL VEEDU, PULIYAMPULIL, PUTHUPPARIYARAM, PALAKKAD DISTRICT. 4. RAGHAVAN, S/O. RAMAN, KAPPIL VEEDU, PULITYAMPULLI, PUTHUPPARIYARAM, PALAKKAD DISTRICT. 5. RAJAPPAN, NAMPULLIPURAYIL, MUNDUR, PALAKKAD DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING EXCISE INSPECTOR, PARLI EXCISE RANGE. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.993 of 2008 ---------------------------------------- Dated this the 20th day of February 2008 O R D E R Application for regular bail. The petitioners face allegations under the Kerala Abkari Act. Altogether there are five accused persons. All of them were found moving with a head load of 20 litres of arrack each concealed in a tube. When intercepted, they abandoned the articles and took to their heels. They were later arrested. Accused 1,2,4 and 5 were arrested on 04/02/2008. Third accused was arrested on 31/1/2008. Investigation is in progress. Final report has not been filed. The learned Public Prosecutor reports that accused 2,4 and 5 have no criminal antecedents at all. The third accused has no antecedents under the Kerala Abkari Act. First accused has been found guilty and convicted in an earlier abkari offence, submits the learned Public Prosecutor. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigating officer is granted reasonable further time to complete the investigation and I am satisfied that regular bail can be granted to the petitioners subject to appropriate conditions. B.A.No.993/07 2 3. In the result, this petition is allowed. The petitioners shall be enlarged on bail on the following terms and conditions: i) The petitioners shall not be released on bail on the strength of this order prior to 03/03/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) They shall execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. iii) The petitioners shall make themselves 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 their release and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) jsr B.A.No.993/07 3 B.A.No.993/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007