IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Bail Appl..No. 416 of 2008() ---------------------------- CMP.125/2008 of J.M.F.C.,KASARAGOD CRIME NO.24/07 OF BANDADUKA EXCISE RANGE .................... : PETITIONER/ACCUSED ----------------------------------- KRISHNAN NAIK,S/O.AITHAPPA NAIK, AGED 33 YEARS,ANNAPPADY DESOM,ADOOR VILLAGE KASARAGOD DISTRICT. BY ADV. SRI.M.SANTHOSHKUMAR RESPONDENTS: COMPLAINANT ------------------------ EXCISE INSPECTOR,EXCISE RANGE BANDADUKA IN CRIME NO.24/2007 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 25/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.416 of 2008 ------------------------------------- Dated this the 25th day of January, 2008 ORDER Application for regular bail. Petitioner is the 2nd accused. Altogether there are 2 accused persons. Both accused persons were allegedly keeping possession of and dealing with 15 litres of arrack on 18.12.07 when the excise party reached the scene. The petitioner took to his heels. The co-accused was arrested at the spot. The petitioner later surrendered before the learned Magistrate on 05.01.08. He continues in custody from that date. 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 further 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. B.A.No.416 of 2008 2 i) The petitioner shall not be released on the strength of this order prior to 06.02.2008. The Investigators shall in the meantime make every endeavour to complete the investigation; ii) The petitioner 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 2 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/-