IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 Bail Appl..No. 93 of 2008() --------------------------- AGAINST THE ORDER DATED 11/12/2007 IN CRMP.11209/2007 IN CRMP.11208/2007 of J.M.F.C.-III, PUNALUR CR NO.109/2007 OF PATHANAPURAM EXCISE RANGE .................... : PETITIONER/2ND ACCUSED --------------------------------------- SURENDRAN, S/O. KUMARAN, AGED 42, SUBIN BHAVAN, THAZHATHUVADAKU DESOM, PATTAZHI NORTH, PATHANAPURAM. BY ADV. SMT.VIVEEJA RAVEENDRAN RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, PATHANAPURAM EXCISE RANGE, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.93 of 2008 ---------------------------------------- Dated this the 10th day of January 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. The petitioner is the second accused. Altogether there are two accused persons. The first accused was arrested. On information furnished by him, the premises of the petitioner was searched and he was found to keep 400 packets of arrack each containing 100 ml on 17/09/2007. He surrendered on 10/12/2007 and continues in custody from that date. He has no history of any criminal antecedents, submits the learned Public Prosecutor. 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 to complete the investigation and I am satisfied that regular bail can be granted to the petitioner subject to appropriate conditions. 3. In the result, this petition is allowed. The petitioner shall be enlarged on bail on the following terms and conditions: B.A.No.93/08 2 i) The petitioner shall not be released on bail on the strength of this order prior to 21/01/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) He 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 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.93/08 3 B.A.No.93/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007