IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1642 of 2008() ----------------------------- CMP.975/2008 of J.M.F.C.-I,KOTTARAKKARA CR.NO.72/07 OF THE EZHUKONE EXCISE RANGE. .................... PETITIONER : ACCUSED: ------------------------- BIJULAL, S/O.SIVADASAN, THAYYILKIZHAKKATHIL VEEDU, EDAKKODU, EZHUKONE VILLAGE, KOTTARAKKARA. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------- B.A. NO. 1642 of 2008 ------------------------------------------- Dated this the 18th day of March, 2008 ORDER Application for regular bail. The petitioner is the 2nd accused. He along with the 1st accused was allegedly engaged in an attempt to transport 280 litres of spirit in a car on 24/10/07. Both the accused persons took to their heels. The petitioner/the 2nd accused was arrested on 17/1/08. He continues in custody from that date. The co-accused has not been arrested so far. A period of 60 days from the date of the first remand would expire today, submits the learned Public Prosecutor. Investigation is not complete. There is no prospect of the final report being filed by today – the date on which the 60 days period would elapse from the date of the first remand, 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 Investigator is granted reasonable further time to complete the investigation and I am satisfied that the B.A. NO. 1642 of 2008 -: 2 :- petitioner can now be enlarged on bail subject to appropriate terms and conditions. 3. In the result: (a) This application is allowed. The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall not be released from custody on the strength of this order prior to 19/3/08. The Investigator 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 on all Mondays and Fridays 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, JUDGE) Nan/