IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Bail Appl..No. 647 of 2008() ---------------------------- CMP.167/2008 of J.M.F.C., HARIPAD CRIME NO.55/06 OF KARTHIKAPPALLY EXCISE RANGE .................... : PETITIONER/ACCUSED NO.2 ---------------------------------------- SIDHARTHAN, S/O. SREEDHARAN, PUTHUCHIRAYILVEEDU, KARUVATTA VADAKKUM MURI, KARUVATTA VILLAGE, KARTHIKAPPALLY TALUK. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/02/2008 ALONG WITH B.A.NO.667/08. THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.Nos.647 & 667 of 2008 ---------------------------------------- Dated this the 5th day of February 2008 O R D E R Application for regular bail. The petitioner faces allegations in two crimes both registered under the Kerala Abkari Act at the same excise range. In one crime, it is alleged that the petitioner was found to be in possession of 2 litres of arrack on 13/3/2006. In the next, it is alleged that the petitioner was found to be in possession of 7 litres of arrack on 08/01/2008. He was arrested on 08/01/2008 and continues in custody from that date. The petitioner has no other crime registered against him except these two, 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 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 conditions. 3. In the result, this petition is allowed. The petitioner shall be enlarged on bail on the following terms and conditions: B.A.Nos.647 & 667/08 2 i) The petitioner shall not be released on bail on the strength of this order prior to 15/02/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) In each case, 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) jsr B.A.Nos.647 & 667/08 3 B.A.Nos.647 & 667/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007