IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Bail Appl..No. 140 of 2008() ---------------------------- CRLMP.6114/2007 of J.M.F.C.-I, PUNALUR C.R.NO.175/06 OF THENAMALA POLICE STATION .................... PETITIONER/ACCUSED: ----------------- PRAKASH, S/O.MANIKKAM, ANEESH BHAVAN, URUKUNNU KANAL PURAMBOKKU, URUKUNNU MURI, THENMALA VILLAGE. BY ADV. SRI.S.PRAKASH RESPONDENT/COMPLAINANT: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.140 of 2008 ---------------------------------------- Dated this the 14th 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 2000 litres of wash on 11/07/2006. He was arrested and produced before the learned Magistrate on 18/11/2007. He continues in custody from that date. Investigation is not complete. Final report has not been filed yet. 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 given the full complement of sixty days to complete the investigation and I am satisfied that regular bail can be granted to the petitioner with effect from 16/01/2008, subject to appropriate conditions. The learned Public Prosecutor stipulates that the investigation is unlikely to be completed by that date. 3. In the result, this petition is allowed. The petitioner shall be enlarged on bail on the following terms and conditions: B.A.No.140/07 2 i) The petitioner shall not be released on bail on the strength of this order prior to 16/01/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) He shall execute a bond for Rs.2,00,000/- (Rupees two lakhs 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 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) jsr B.A.No.140/07 3 B.A.No.140/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007