IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1797 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.1560/2008 Dated 13/03/2008 CMP.1207/2008 of J.M.F.C.-I,NEDUMANGAD CR.NO.79/2007 OF ARYANAD EXCISE RANGE .................... : PETITIONER/2ND ACCUSED:- ----------------------------------------- SHIBU @ VELUTHA SHIBU, S/O.CHANDRAMOHANAN, SREEVALSOM VEEDU,THONDAMKULAM, KOKKATTALA, KOTTAKKAKAM MURI, ARYANAD VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1797 of 2008 ---------------------------------------- Dated this the 24th day of March 2008 O R D E R Application for regular bail. The petitioner is the second accused. Altogether there are three accused persons. 25 litres of wash and 35 litres of arrack were allegedly seized from the possession of accused 1 to 3 on 07/08/2007. The first accused has already been arrested. The third accused has not been apprehended so far. 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 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 enlarged 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 31/03/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. B.A.No.1797/08 2 ii) 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. 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 three 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) jsr B.A.No.1797/08 3 B.A.No.1797/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007