IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Bail Appl..No. 2306 of 2008() ----------------------------- CMP.390/2008 of J.M.F.C., KAYAMKULAM CR.NO.26/2008 OF NOORANAD EXCISE RANGE .................... : PETITIONER/ACCUSED ----------------------------------- VIJAYAN, S/O.VELUTHAKUNJU, PUNYAVETTATHIL, KADUVINAL MURI, VALLIKUNNU VILLAGE, MAVELIKARA TALUK. BY ADV. SRI.K.HARILAL RESPONDENTS: COMPLAINANTS: -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. EXCISE INSPECTOR, NOORANAD EXCISE RANGE, KAYAMKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2306 of 2008 ---------------------------------------- Dated this the 10th day of April 2008 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 105 litres of wash on 12/3/2005. He was arrested and continues in custody from that date. He has no history of any criminal antecedents, 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: i) The petitioner shall not be released on bail on the strength of this order prior to 16/04/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. B.A.No.2306/08 2 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) jsr B.A.No.2306/08 3 B.A.No.2306/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007