IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Bail Appl..No. 738 of 2008() ---------------------------- CMP.10429/2007 of J.M.F.C.-I,KOTTARAKKARA CRIME NO.914/07 OF KOTTARAKKARA POLICE STATION .................... : PETITIONER/ACCUSED NO.7 ---------------------------------------- RAJESH, S/O.GOPINATHAN, REKHALAYAM, MANNADI P.O., KADAMPANAD, ADOOR. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, 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 05/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.738 of 2008 ------------------------------------- Dated this the 5th day of February, 2008 ORDER Application for regular bail. Petitioner is the 7th accused. Altogether there are 9 accused persons now. The crux of the allegations against the petitioner is that he along with co-accused was involved in the illicit activity of transporting 2,385 litres of spirit in a lorry which had secret chambers in it for the purpose of transporting such illicit liquor. 2. The crime was allegedly detected on 01.12.07. The petitioner was arrested and continues in custody from 08.12.07. An earlier application for regular bail filed by the petitioner was dismissed as per order dated 09.01.08 in B.A.No.8120 of 2007. The period of 60 days from the date of first remand would elapse on 6.2.08. The learned Public Prosecutor submits that there is no prospect of the investigation being completed on 08.02.08 or within any short further period of time. In these circumstances, the learned Public Prosecutor submits that the State has no objection in regular bail being granted to the petitioner w.e.f 06.02.08. In the absence of opposition, it is not necessary for me to advert to facts in any greater detain in this order. B.A.No.738 of 2008 2 3. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall not be released on the strength of this order prior to 06.02.2008; ii) 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; 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 3 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) rtr/-