IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 Bail Appl..No. 541 of 2008(A) ----------------------------- C.R.52/07 OF KUMBALA EXCISE RANGE PETITIONER/ACCUSED ----------------------------------- K.ABDUL AZEEZ, AGED 23 YEARS, S/O. AHAMMED KUNHI HAJI, KATTA HOUSE, ICHILANKODE KATTA, ICHILANKODE VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE EXCISE RANGE OFFICER, (CRIME NO.52 OF 2007 OF KUMBALA EXCISE RANGE), KASARAGOD DISTRICT. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 541 OF 2008 A ```````````````````````````````````````````````````` Dated this the 31st day of January, 2008 O R D E R Application for regular bail. Petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to be in possession of 5400 packets of arrack each containing 100 ml and 30 litres of spirit as also a packing machine. The petitioner continues in custody from 23.11.07. Investigation is in progress. 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, a period of 60 days having already elapsed from the date of first remand and the final report having not filed so far and I am satisfied that the petitioner can be enlarged on bail subject to appropriate terms and conditions. 3. In the result, this petition is allowed. The petitioner shall be enlarged on bail on the following terms and BA.541/08 : 2 : conditions: i) 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. ii) 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 and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) aks