IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 Bail Appl..No. 2037 of 2008() ----------------------------- CMP.858/2008 of J.M.F.C.-I,KOTTARAKKARA CR.NO.19/08 OF EZHUKONE EXCISE RANGE. .................... PETITIONER/ACCUSED ----------------------------------- RAKESH @ UNNI, S/O RAGHAVAN, NALONNIL VEEDU,KOLANNOOR MURI, EZHKONE VILLAGE, KOTTARAKARA. BY ADV. SRI.ALEXANDER GEORGE SRI.DILIP MOHAN RESPONDENTS: ------------- 1. STATE OF KERALA REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. 2. EXCISE INSPECTOR, EZHUKONE EXCISE RANGE, KOTTARAKARA. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------- B.A. NO. 2037 of 2008 ------------------------------------------- Dated this the 3rd day of April , 2008 ORDER Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to be in possession of 175 litres of spirit on 7/2/08. He was arrested on that date and continues in custody thereafter. A period of 60 days from the date of the first remand would expire by 7/4/08. Investigation is not complete. There is no prospect of the investigation being completed by that day, submits the learned counsel for the petitioner. 2. The learned counsel for the petitioner 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 petitioner can now be directed to be released on bail with effect from 7/4/08 on which day he becomes entitled to the indefeasible right to get bail by default. B.A. NO. 2037 of 2008 -: 2 :- 3. In the result: (a) This application is allowed. The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall not be released from custody on the strength of this order prior to 7/4/08. The Investigator shall, in the meantime, make every endeavour to complete the investigation. (ii) The petitioner 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 on all Mondays and Fridays between 10 a.m. and 12 noon 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) Nan/