IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1703 of 2008() ----------------------------- CMP.871/2008 of J.M.F.C., HARIPAD CRIME NO.12/08 OF KARTHIKAPPALLY EXCISE RANGE. .................... PETITIONER --------------------------- JAYACHANDRAN, AGED 43 YEARS, S/O.VASUDEVAN, JAYABHAVANAM VEEDU MUTHUKULAM VADAKKUM MURI, MUTHUKULAM VILLAGE KARTHIKAPPALLY TALUK. BY ADV. SRI.S.SHANAVASKHAN RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2008 ALONG WITH B.A.NO.1706/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. Nos. 1703 & 1706 of 2008 ------------------------------------------------- Dated this the 18th day of March, 2008 ORDER Applications for regular bail. The 1st petitioner in B.A.No.1706/08 is the sole petitioner in B.A.No.1703/08. The petitioners in B.A.No.1706/08 are alleged to have kept in their possession 7.7 litres of arrack and 840 litres of Wash and utensils for distillation on 6/2/08. The 1st petitioner was arrested at the scene of the crime; where as the 2nd petitioner surrendered on 12/2/08. Both of them continue in custody from that date. In B.A.No.1703/08, the 1st petitioner alone is the accused. The allegation against him is that he was found to keep in his possession 40 litres of arrack and 700 litres of Wash and utensils for distillation on 22/1/08. His arrest was recorded on 7/2/08. He continues in custody from that date. The learned Public Prosecutor reports that both the accused B.A. Nos. 1703 & 1706 of 2008 -: 2 :- have criminal antecedents and they are involved in some earlier cases – all registered under the Kerala Abkari Act. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer on condition that the Investigator is granted reasonable further time to complete the investigation and I am satisfied that the petitioners, who have remained in custody from 6/2/08 and 12/2/08, can now be enlarged on bail subject to appropriate terms and conditions. 3. In the result: (a) These applications are allowed. The petitioners shall be released on bail on the following terms and conditions: (i) The petitioners shall not be released from custody on the strength of this order prior to 1/4/08. The Investigator shall, in the meantime, make every endeavour to complete the investigation. (ii) The petitioners shall execute bonds for Rs.1,00,000/- (Rupees one lakh only) each in each case 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 on all Mondays and B.A. Nos. 1703 & 1706 of 2008 -: 3 :- Fridays between 10 a.m. and 12 noon 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) Nan/