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. 2743 of 2008() ----------------------------- CMP.1826/2008 of J.M.F.C.-III,NEYYATTINKARA CRIME NO.3/07 OF AMARAVILA EXCISE RANGE. .................... PETITIONER : ----------------- PRADEEP .G., CHIRATHALKALVEEDU,PARASUVAKKAL P.O., PARASALA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY ITS 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 ALONG WITH B.A.NO.2748/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ---------------------------------------------- B.A. NOs. 2743 & 2748 of 2008 ---------------------------------------------- Dated this the 2nd day of May, 2008 ORDER Applications for regular bail. The common petitioner faces allegations in these two crimes – both registered under the Kerala Abkari Act. The petitioner was allegedly found to transport 924 litres of spirit in one case and 1000 litres of spirit in the other. The petitioner was arrested on 7/3/08. His arrest was recorded in the second case only on 14/3/08. Investigation is not complete. 2. The learned counsel for the petitioner prays that the petitioner is absolutely innocent. He was a prohibition activist and he has been falsely implicated by his adversaries with the active assistance of the Excise officials. He may, in these circumstances, be granted regular bail, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor submits that the arrest in the first crime is recorded on 7/3/08. The final report is B.A. NOs. 2743 & 2748 of 2008 -: 2 :- unlikely to be filed by 7/5/08. Similarly, in the second crime in which the petitioner's arrest was recorded on 14/3/08, the final report is unlikely to be filed by 14/5/08. In these circumstances, the learned Public Prosecutor submits that the State does not want to oppose the applications for regular bail if the Investigators are granted time till 14/5/08 to complete the investigation. I am satisfied, in these circumstances, that the petitioner can be granted regular bail with effect from that date. 4. In the result: (a) These applications are allowed. The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall not be released from custody on the strength of this order prior to 14/5/08. 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 B.A. NOs. 2743 & 2748 of 2008 -: 3 :- 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/