IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 Bail Appl..No. 78 of 2008() --------------------------- CMP.6078/2007 of J.M.F.C.-I, PUNALUR C.R.NO.152/07 OF PATHANAPURAM EXCISE RANGE .................... : PETITIONER/ACCUSED ----------------------------------- BABU, S/O.GOPALAN, SUNIL BHAVAN, 220 KV LINENU ADIBHAGAM, UPPUKUZHI DESOM, EDAMON VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.S.PRAKASH RESPONDENTS: COMPLAINANT ------------------------ 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 10/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.78 of 2008 ------------------------------------- Dated this the 10th day of January, 2008 ORDER Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. The petitioner was allegedly found to be in possession of 65 litres of wash and utensils for distillation of arrack on 19.12.2007. He was arrested and continues in custody from that date. The learned Public Prosecutor submits that the petitioner has no history of any criminal antecedents. 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 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. 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 19.01.2008. The Investigators shall in the meantime make every endeavour to complete the investigation; B.A.No.78 of 2008 2 ii) The petitioner shall execute a bond for Rs.50,000/- (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 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/-