IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH SEPTEMBER 2007 / 27TH BHADRA 1929 Bail Appl..No. 5578 of 2007() ----------------------------- CMP.2400/2007 of J.M.F.C., KATTAPPANA [CR.NO.57/07 OF KATTAPPANA EXCISE RANGE] .................... PETITIONER/ACCUSED ----------------------------------- PEETHAMPARAN, S/O.AYYAPPAN, KAIKKELIL HOUSE, CHAKKUPALLOM VILLAGE, CHAKKUPALLOM KARA. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.P.P.BIJU RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J = = = = = = = = = = = = = B.A.No.5578 of 2007 = = = = = = = = = = = = = = Dated this the 18th day of September, 2007 ORDER Application for regular bail. Allegations are raised under the provisions of the Kerala Abkari Act. The petitioner was allegedly found to be in possession of 55 litres of wash on 28.08.2007. The petitioner was arrested and he continues in custody from that date. The learned Public Prosecutor submits that there is no criminal antecedents for the petitioner. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that the Investigating Officer is granted reasonable further time to complete the investigation and I am satisfied that regular bail can be granted to the petitioner subject to appropriate conditions. 3. In the result, this petition is allowed. The petitioner shall be released 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 28.09.07. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) The petitioner shall execute a bond for Rs.50,000/- B.A.No.5578 of 2007 2 (Rupees Fifty thousand 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 and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) sj