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. 1578 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.63/2008 Dated 10/01/2008 CRIME NO.396/07 OF BEKAL POLICE STATION .................... : PETITIONER/2ND ACCUSED --------------------------------------- K.M.ABDULRAHIMAN @ KARATTE ABDULRAHIMAN, S/O.ABDULLA, MANGAD HOUSE, MANGAD, BARA VILLAGE. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.H.O., BEKAL POLICE STATION. 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.1578 of 2008 ------------------------------------- Dated this the 18th day of March, 2008 ORDER Application for regular bail. Petitioner faces allegations in a crime registered alleging commission of offences punishable under the Kerala Abkari Act. 350 litres of spirit, 1500 litres of arrack in packets (15,000 packets of 100 ml each) as also machinery for packing illicit liquor were allegedly seized on 30.09.07 from the possession of the petitioner. Crime has been registered. Investigation is in progress. The petitioner's arrest was recorded in this crime on 28.01.08. The petitioner has two other cases also registered under the Abkari Act against the petitioner, it is submitted. 2. The learned Public Prosecutor submits that the period of 60 days from the date of first remand shall now expire on 28.03.08. It is unlikely that the final report could be filed before that date. In these circumstances, the State has no objection in regular bail being granted to the petitioner w.e.f 28.03.08. 3. I reckon that as an informed and fair stand. I am satisfied that the petitioner can be granted regular bail now subject to appropriate terms and conditions. B.A.No.1578 of 2008 2 4. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall not be released on the strength of this order prior to 28.03.2008. The Investigators 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 between 10 a.m and 12 noon on all Mondays and Fridays for a period of 3 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) rtr/-