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. 2723 of 2008() --------------------------------------- CRIME NO.2723/2008 OF THE KOTTIYAM POLICE STATION CMP.1999/2008 of J.M.F.C.-II, KOLLAM .................... PETITIONER/2ND ACCUSED. ---------------------------------------- SATHYAN, S/O. SREEDHARAN, SREEVILASAM VEEDU, NEAR THAZHUTHALA JUNCTION, PERAYAM CHERRY, THAZHUTHALA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: COMPLAINANT. ------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR KOTTIYAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR 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.2723 of 2008 ---------------------------------------- Dated this the 2nd day of May 2008 O R D E R Application for regular bail. The petitioner faces allegations in a crime registered alleging offences punishable inter alia under Section 55(a) of the Kerala Abkari Act and under Sections 307 and 332 I.P.C. Altogether there are two accused persons. 690 litres of spirit were being transported in a vehicle driven by the first accused. The said transportation was undertaken by accused 1 and 3 together. The contraband article was kept in the godown by the petitioner/second accused and the third accused and the same was loaded in the car driven by the first accused. On receipt of prior information, the police tried to stop the car. The car did not stop. The car sped away. The detecting police officials had to fire to deflate the tyres of the car and thus the first accused was apprehended. He allegedly made an attempt to murder the police official by hitting the vehicle of the police official with his own vehicle. Be that as it may, so far as the petitioner/second accused is concerned, there is no allegation punishable under Sections 307 and 332 I.P.C. The short allegation is that he has involved in the transportation of B.A.No.2723/08 2 arrack. The alleged incident took place on 4/3/2008. He was arrested on 09/03/2008 and continues in custody from that date. 2. The learned Public Prosecutor submits that the final report cannot be filed by 09/05/2008, on which date the petitioner is entitled to bail by default under the proviso to Section 167(2) Cr.P.C. I am satisfied that the petitioner can now be granted bail with effect from 09/05/2008, subject to appropriate conditions. 3. In the result, this petition is allowed. The petitioner shall be enlarged on bail on the following terms and conditions: i) The petitioner shall not be released on bail on the strength of this order prior to 09/05/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) He 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 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) jsr B.A.No.2723/08 3 B.A.No.2723/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007