IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Bail Appl..No. 1417 of 2008() ----------------------------- CMP.1278/2008 of J.M.F.C.,KASARAGOD CR.1/08 OF BADIADKA EXCISE RANGE .................... PETITIONER: ACCUSED ------------------------ SREEDHARAN M., AGED 37 YEARS, S/O.BABU GADIGUDDE, KUMBADJE VILLAGE, KASARAGOD TALUK 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 STATION HOUSE OFFICER (CR NO.1 OF 2008 OF BADIADKA EXCISE RANGE) KASARAGOD DISTRICT. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------- B.A. NO. 1417 of 2008 ------------------------------------------- Dated this the 7th day of March, 2008 ORDER Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to be in possession of 105 packets each containing 100 ml. of arrack on 2/1/08. He surrendered later on 22/2/08. The petitioner continues in custody from the date of his arrest. The petitioner had earlier moved this Court for anticipatory bail. On rejection of the said application, the petitioner had surrendered before the learned Magistrate on 22/2/08. 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 enlarged on bail subject to appropriate terms and conditions. B.A. NO. 1417 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 14/3/08. 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/