IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 14TH DECEMBER 2007 / 23RD AGRAHAYANA 1929 Bail Appl..No. 7750 of 2007() ----------------------------- CR. NO.19/07 OF ALATHUR EXCISE RANGE CMP.5741/2007 of J.M.F.C.,ALATHUR .................... PETITIONER/ACCUSED ----------------------------------- KUMARAN, S/O.SETHU, AGED 19 YEARS, CHERUVANCHY PARAMBU, CHITTALAMCHERRY, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.JOHNSON P.JOHN SRI.BABY MATHEW RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, ALATHUR RANGE, PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/12/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 7750 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of December, 2007 O R D E R Application for regular bail. The petitioner was allegedly found to be in possession of 6 litres of arrack. He ran away on seeing the Excise party. The incident took place on 2.10.2007. He had come to this Court with an application for anticipatory bail. Consequent to the dismissal of the said application for anticipatory bail, he surrendered before the Magistrate on 3.12.2007 and he continues in custody from that date. The petitioner has no history of any criminal antecedents, reports the learned Prosecutor. 2. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer on condition that the Investigator is given sufficient time to complete the investigation and I am satisfied that the petitioner can now be directed to be enlarged on bail subject to appropriate terms and conditions. B.A.No. 7750 of 2007 2 3. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall not be released from custody on the strength of this order prior to 21.12.2007. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (c) He shall make himself available for interrogation before the Investigating Officer on all Mondays 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) tm Judge B.A.No. 7750 of 2007 3