IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 Bail Appl..No. 1887 of 2008() ----------------------------- CMP.1274/2008 of J.M.F.C.,KATTAKADA CRIME NO.290/06 OF MARANALLOOR POLICE STATION .................... PETITIONER : ----------------- MONYAN @ ADU MONYAN, S/O.NASAN NADAR, THEVARAKKODE VEEDU, RUSSELPURAM MARANALLOOR DESOM AND VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: ------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------- B.A. NO. 1887 of 2008 ------------------------------------------- Dated this the 31st day of March, 2008 ORDER Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to be in possession of 35 litres of arrack on 3/12/06. He was arrested in connection with some other crime on 26/11/07. Notwithstanding his continuance in such custody, it appears that an application to record his formal arrest in this crime was made and such arrest was recorded with effect from 10/3/08 only. The petitioner has 5 other cases under the Abkari Act and another one under Sec.354 of the IPC pending against him, reports the learned Public Prosecutor. 2. The learned counsel for the petitioner submits that the delay in filing an application to get the petitioner in custody in this case notwithstanding, it may not be lost sight of that the petitioner has been remaining in custody from 26/11/07. The offence in this case having been committed on B.A. NO. 1887 of 2008 -: 2 :- 3/12/06, the Investigator could certainly have made an application much earlier to get the petitioner in custody. He having not done the same, the petitioner continues languishing in custody from 26/11/07. At the sweet will and pleasure of the police, the formal arrest was sought to be recorded long later and the arrest was recorded on 10/3/08. All the relevant circumstances may be taken into account and the petitioner, who is virtually remaining in custody from 26/11/07, may be enlarged on bail subject to appropriate conditions, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor points out all the above facts; but prays that the Investigator may be granted reasonable further time to complete the investigation. 4. Having considered all the relevant circumstances, I am satisfied that the petitioner can be granted regular bail on appropriate terms and conditions subject to the submissions of the learned Public Prosecutor that the Investigator may be granted some further time to complete the investigation. 5. In the result: (a) This application is allowed. The petitioner shall be released on bail on the following terms and conditions: B.A. NO. 1887 of 2008 -: 3 :- (i) The petitioner shall not be released from custody on the strength of this order prior to 11/4/08. 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/