IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 Bail Appl..No. 899 of 2008() ---------------------------- CRIME NO. 68/07 OF THIRUVANANTHAPURAM EXCISE RANGE .................... PETITIONERS/A1 & 2 ------------------------------ 1. SHIJIN, S/O. THOMAS “HOSHMA”, NEAR PEYAD POST OFFICE VILAPPIL VILLAGE, NEYYATTINKARA TALUK THIRUVANANTHAPURAM. 2. SEBASTIAN GEORGE, S/O. GEORGE JOSEPH JAYA BHAVAN, PEYAD, DO. DO. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.SHAJIN S.HAMEED RESPONDENT: ---------------------- THE EXCISE INSPECTOR, THIRUVANANTHAPURAM 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 12/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 899 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of February, 2008 O R D E R Application for regular bail. The petitioners face allegations under the Kerala Abkari Act. They were allegedly found to be in possession of 480 litres of spirit. They were arrested on 1.12.2007 and they continue in custody from that date. Investigation is not complete. Final report has not been filed yet. 2. The learned counsel for the petitioners prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can now be enlarged on bail subject to appropriate terms and conditions. They are entitled for bail by default as charge sheet has not been filed within the period of 60 days of their arrest. 3. In the result: 1) This application is allowed. B.A.No. 899 of 2008 2 2) The petitioners shall be released on bail on the following terms and conditions. (a) The petitioners shall execute bonds for Rs.2,00,000/- (Rupees two lakhs only) each with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) They shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 12 noon on all Mondays and Fridays for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm