IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 Bail Appl..No. 2040 of 2008() ----------------------------- CR.NO.25/08 OF THE THIRUVALLA EXCISE RANGE. PETITIONER/ACCUSSED-A1 --------------------------------------- OMANAKKUTTAN, THENVELI, THENVELI LAKSHOMVEEDU COLONY, THENVELI MURI, KUTTOOR VILLAGE, THIRUVALLA. BY ADV. SRI.AJITH MURALI SRI.K.V.ANIL KUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY THE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------- B.A. NO. 2040 of 2008 ------------------------------------------- Dated this the 3rd day of April, 2008 ORDER Application for regular bail. The petitioner - a salesman of the toddy shop, faces allegations under the Kerala Abkari Act. He was allegedly found to have 10 litres of arrack in his possession on 13/3/08. This was allegedly supplied to him by the 2nd accused. The petitioner was arrested and continues in custody from 13/3/08. 10 litres of arrack was allegedly seized. The petitioner has no history of any criminal antecedents, reports the learned Public Prosecutor. 2. The learned counsel for the petitioner prays, the learned Public 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. B.A. NO. 2040 of 2008 -: 2 :- 3. In the result: (a) This application is 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 11/4/08. The Investigator shall, in the meantime, make every endeavour to complete the investigation. (ii) The petitioner shall execute a bond for Rs.50,000/- 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 Fridays between 10 a.m. and 12 noon for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT, JUDGE) Nan/