IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Bail Appl..No. 2108 of 2008() ----------------------------- CRMP.601/2008 of DISTRICT COURT, ALAPPUZHA CRIME NO.77/07 OF KUTTANAD EXCISE RANTE OFFICE .................... PETITIONER: ----------------- SUNILKUMAR @ SUNICHAN AGED 36 YEARS,S/O. RAMANKUTTY, UTHUMTHARA HOUSE, MAMBUZHAKARIMURI, RAMANKARI VILLAGE, WARD NO,IV, ALAPPUZHA. BY ADV. SRI.SAIBY JOSE KIDANGOOR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE KUTTANAD EXCISE RANGE OFFICE KUTTANAD. BY P.P. SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 2108 OF 2008 ------------------------------------------------- Dated this the 4th day of April, 2008 ORDER Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to be in possession of 70.5 litres of coloured arrack on 10/11/07. He was arrested long later on 4/2/08. He continues in custody from that date. Final report has not been filed so far. Investigation is not complete. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer - a period of 60 days from the date of the first remand having already expired and the final report having not been filed, and I am satisfied that the petitioner is now entitled to the indefeasible right to get bail by default under the proviso to Sec.167(2) of the Cr.P.C. B.A. No. 2108 OF 2008 -: 2 :- 3. In the result: (a) The application is allowed. (b) The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) 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/ B.A. No. 2108 OF 2008 -: 3 :-