IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Bail Appl..No. 8140 of 2007() ----------------------------- C.R. 54/07 OF KUMBALA EXCISE RANGE PETITIONER/FIRST ACCUSED ----------------------------------------- BABURAJ, AGED 37 YEARS, S/O.LATE BABU, NEAR WELFARE SCHOOL, KOYIPPADI VILLAGE, KUNDANKARAYADDUKKA KUMBALA PANCHAYATH, KASARAGOD. BY ADV. SRI.K.M.FIROZ SRI.JACOB E.SIMON RESPONDENTS: STATE ------------------ THE STATE OF KERALA, REPRESENTED BY THE KUMBALA EXCISE RANGE INSPECTOR, KUMBALA EXCISE RANGE, KUMBALA, KASARAGOD, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 8140 OF 2007 D ```````````````````````````````````````````````````` Dated this the 8th day of January, 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. The petitioner was allegedly found to be in possession of 255 x 100 ml of arrack in packets when he was intercepted on 12.12.07. He was arrested and continues in custody from that date. The learned Public Prosecutor reports 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 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 BA.8140/07 : 2 : conditions: i) The petitioner shall not be released on bail on the strength of this order prior to 12.1.08. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) He 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. 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 two 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) aks