IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 Bail Appl..No. 304 of 2008() ---------------------------- CMP.8171/2007 of J.M.F.C.,KATTAKADA C.R.NO.27/07 OF EXCISE RANGE, KATTAKADA .................... PETITIONER : 2ND ACCUSED ---------------------------- KUMAR, S/O MANIYAN NADAR, KUMAR BHAVAN, KANAVILA, KUNNAMPARA, MALAYINKIL VILLAGE. BY ADV. SRI.NAGARAJ NARAYANAN SRI.RAJAN VELLOTH SRI.SAIJO HASSAN RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.304 of 2008 ------------------------------------- Dated this the 21st day of January, 2008 ORDER Application for regular bail. Petitioner faces allegations in a crime registered under the Kerala Abkari Act. He is the 2nd accused. The 1st accused was arrested on 1.4.07 as he was allegedly found to be in possession of 15 litres of arrack and 66 litres of spirit. He was remanded in custody and was granted bail by default on expiry of the stipulated period. On the basis of the statement of the 1st accused that contraband liquor was supplied to him by the petitioner herein, the petitioner was arrayed as the 2nd accused. Investigation continued. The petitioner was ultimately apprehended on 23.12.07. He continues in custody from that date. The petitioner has no history of any criminal antecedents, submits 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 given reasonable further time to complete the investigation and I am satisfied that the petitioner can now be directed to be released on bail subject to appropriate terms and conditions. B.A.No.304 of 2008 2 3. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall not be released on the strength of this order prior to 28.01.2008. The Investigators 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 between 10 a.m and 12 noon on all Mondays and Fridays for a period of 3 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) rtr/-