IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Bail Appl..No. 2523 of 2008 ------------------------------------ (EXCISE CRIME NO. 136/02 OF ADOOR RANGE) CRMP.1859/2008 of J.M.F.C., ADOOR ................................... PETITIONER/2ND ACCUSED --------------------------------------- VIJAYAN, S/O.NARAYANAN, PALACHUVATTIL VEEDU, ANGADICKAL MURI, THALAYARA MURI, ANGADICKAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENTS: COMPLAINANT/STATE ------------------------------------------------------- 1. THE EXCISE INSPECTOR, ADOOR EXCISE RANGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2523 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of May, 2008 O R D E R Application for regular bail. The petitioner was allegedly found to be in possession of about 15 litres of arrack on 16.12.02. He was arrested initially on 29.12.2007 and he continues in custody from that date. The petitioner has involved in many other cases registered under the Kerala Abkari Act. His arrest in this case was recorded on 4.3.2008. Investigation is not complete. Final report has not been filed so far. 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 can now be directed to be enlarged on bail subject to appropriate terms and conditions. 3. In the result: 1) This application is allowed. B.A.No. 2523 of 2008 2 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 4.5.2008. 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 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 tm