IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 Bail Appl..No. 467 of 2008() ---------------------------- CR 36/07 OF ARYANAD EXCISE RANGE CMP.113/2008 of J.M.F.C.-I,NEDUMANGAD .................... PETITIONER/IST ACCUSED --------------------------------------- SURESHKUMAR @ SATHEESAN, S/O.THANKACHAN, THADATHARIKATHU VEEDU, MANCHADI NINNA VILA, KOTTAKKAM MURI, ARYANAD VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 467 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of January, 2008 O R D E R Application for regular bail. Altogether there are two accused persons. The petitioner, along with the co-accused, was allegedly involved in the illicit activity of distillation of arrack. 10 litres of arrack, 20 litres of wash and implements for distillation were allegedly found in the possession of the accused persons. The offence was detected on 20.6.2007. The petitioner surrendered before the learned Magistrate on 3.1.2007 and he continues in custody from that date. The learned Prosecutor reports that the petitioner has no history of any criminal antecedents. 2. The learned counsel for the petitioner prays, the learned 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 B.A.No. 467 of 2008 2 can now be directed to be enlarged on bail subject to appropriate terms and conditions. 3. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall not be released from custody on the strength of this order prior to 4.2.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) He shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (c) He 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 and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) tm Judge B.A.No. 467 of 2008 3