IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 11TH JULY 2007 / 20TH ASHADHA 1929 Bail Appl..No. 4204 of 2007() ----------------------------- CRIME NO.18/06 OFR MALLAPPALLY EXCISE RANGE : ACCUSE/PETITIONER ------------------------- GOPALAN @ PONNACHAN, S/O.PODIYAN, URUMBIL VEEDU, KUNNAM DESOM, PERUMPETTY VILLAGE, MALLAPPALLY TALUK. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (EXCISE INSPECTOR, MALLAPPALLY EXCISE RANGE). BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/07/2007 ALONG WITH B.A.NO.4206/07, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.Nos.4204 & 4206 of 2007 ------------------------------------- Dated this the 11th day of July, 2007 ORDER Petitioner is accused in two cases both under the Kerala Abkari Act. He was allegedly found to be in possession of 5 litres of arrack on 26.06.06. He could not be arrested in that crime. Investigation is in progress in that crime. 2. It is then alleged that the petitioner was allegedly found to be in possession of 1.5 litres of arrack on 16.06.07. After the arrest of the petitioner on 16.06.07, he was produced before the learned Magistrate on 17.06.07. He continues in custody from that date. Later on 03.07.07, the arrest of the petitioner in the earlier crime has also been recorded. Thus the petitioner is now in custody in both the cases. 3. B.A.No.4206 of 2007 is one for regular bail in respect of the incident which took place on 16.06.07. B.A.No.4204 of 2007 is an application for anticipatory bail in respect of the incident/crime which took place on 26.06.06. It is now informed that the excise officials have shown the petitioner as having been arrested formally on 03.07.07 in respect of the incident/crime which took place on 26.06.06. B.A.No.4204 of 2007 for anticipatory bail has thus lost its relevance now. The learned counsel for the petitioner submits that in B.A.Nos.4204 & 4206 of 2007 2 these circumstances B.A.No.4204 of 2007 may be treated as an application for regular bail in Crime No.18 of 2006 of Mallappally Excise Range registered in respect of the incident which took place on 26.06.06. That request is accepted. 4. The learned counsel for the petitioner prays, the learned Public Prosecutor does not seriously oppose the said prayer and I am satisfied that the petitioner can now be released on bail in both cases subject to appropriate conditions. Request of the learned Public Prosecutor that the investigators may be granted some further time to complete the investigation in both the crimes can, I am satisfied, be accepted. Subject to appropriate conditions, the petitioner can be released on bail in both the crimes. 5. In the result, these applications are allowed. The petitioner shall be released on bail in both the cries on the following terms and conditions. i) The petitioner shall not be released on the strength of this order prior to 18.07.2007. The Investigators shall in the meantime make every endeavour to complete the investigation. 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; B.A.Nos.4204 & 4206 of 2007 3 iii) The petitioner shall make himself available for interrogation before the Investigating Officer from the date of his release between 10 a.m and 12 noon on all Mondays for a period of three months. (R.BASANT, JUDGE) rtr/-