IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH SEPTEMBER 2007 / 3RD ASWINA 1929 Bail Appl..No. 5755 of 2007() ----------------------------- CMP.3759/2007 of J.M.F.C.,KASARAGOD CRIME NO.12/07 OF BANDADUKA EXCISE RANGE .................... : PETITIONER:ACCUSED ---------------------------- VASANTHAKUMAR, S/O. AITHAPPA GOWDA, CHAKKOTTA, MANDAKKOL VILLAGE, SULLIA TALUK, KARNATAKA. BY ADV. SRI.AJEY THOMAS RESPONDENTS: COMPLAINANT ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (THROUGH THE INVESTIGATING OFFICER IN CRIME NO.12/2007 OF THE BANDADUKA EXCISE RANGE). BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.5755 of 2007 ------------------------------------- Dated this the 25th day of September, 2007 ORDER Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. The petitioner was allegedly found to be in possession of 3800 packets of Karnataka arrack, each containing 100 ml on 04.08.07. He was arrested and continues in custody from that date. The learned Public Prosecutor submits that the petitioner has no history of any criminal antecedents. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigator is given the full complement of 60 days to complete the investigation and I am satisfied that the petitioner can now be directed to be released on bail subject to appropriate terms and conditions. 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 04.10.2007. The Investigators shall in the meantime make every endeavour to complete the investigation. B.A.No.5755 of 2007 2 ii) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty thousand 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 between 10 a.m and 12 noon on all Mondays for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-