IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 27TH NOVEMBER 2007 / 6TH AGRAHAYANA 1929 Bail Appl..No. 7245 of 2007() ----------------------------------------- (AGAINST CR.NO.125/2007 OF KAYAMKULAM EXCISE RANGE) PETITIONER/ACCUSED: ------------------------------------ SUDHAKARAN, AGED 49 YEARS, S/O. RAGHAVAN, REJESH BHAVANAM, PUTHIYAVILA MURI, KANDALLUR VILLAGE, KARTHIKAPPALLY TALUK. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT: COMPLAINANT: ----------------------------------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/11/2007,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 7245 OF 2007 ```````````````````````````````````````````````````` Dated this the 27th day of November, 2007 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. The petitioner was allegedly found to be in possession of 30 litres of wash, 500 ml. of arrack and implements for distillation when he was arrested by the detecting excise officials on 15/10/2007. He was arrested and continues in custody from that date. An earlier application for regular bail was dismissed by this court as per order dated 5.11.07 in BA.6720/07. The petitioner was granted leave to move this court after 15.11.07. Accordingly, this application has been filed. The learned Public Prosecutor submits that the petitioner is involved in two other earlier crimes both under the Abkari Act. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigating officer is granted reasonable further time to complete the investigation and I am satisfied that regular bail can be granted to the petitioner subject to appropriate BA.7245/07 : 2 : conditions. 3. In the result, this petition is allowed. The petitioner can now be enlarged on bail on the following terms and conditions:- i) The petitioner shall not be released on bail on the strength of this order prior to 04/12/2007. The investigator shall, in the meantime, make every endeavour to complete the investigation. ii) He 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 two 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) aks