IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Bail Appl..No. 926 of 2008(G) ----------------------------- CRIME NO.5 OF 2008 OF KUMBALA EXCISE RANGE : PETITIONER/FIRST ACCUSED ----------------------------------------- GURUVA, S/O.ANKARA, AGED 45 CHOKOORPATHE, THOTTATHODY, KULOOR VILLAGE. BY ADV. SRI.JACOB E SIMON RESPONDENTS: STATE ------------------ THE STATE OF KERALA, REPRESENTED BY THE KUMBALA EXCISE RANGE INSPECTOR, KUMBLA EXCISE RANGE, KUMBALA, KASARAGOD, 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 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.926 of 2008 ------------------------------------- Dated this the 18th day of February, 2008 ORDER Application for regular bail. Petitioner faces allegations under the Kerala Abkari Act. The petitioner was allegedly found to keep in his possession 250 packets of arrack, each containing 100 ml on 21.01.08. 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 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. i) The petitioner shall not be released on the strength of this order prior to 28.02.2008. The Investigators shall in the meantime make every endeavour to complete the investigation; B.A.No.926 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/-