IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Bail Appl..No. 1400 of 2008() ----------------------------- CMP.276/2008 of MUNI-MAGI.COURT,PONNANI C.R.8/08 OF PONNANI EXCISE RANGE .................... PETITIONER/ACCUSED ----------------------------------- SHAJI, S/O.VELAYUDHAN, THANDALAYIL HOUSE, ALANCODE AMSOM, PERUMUKKU DESOM, PONNANI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1400 OF 2008 B ```````````````````````````````````````````````````` Dated this the 7th day of March, 2008 O R D E R Application for regular bail. Petitioner faces allegations under the Kerala Abkari Act. The petitioner was allegedly found to be in possession of 8 litres of arrack, 50 litres of wash and utensils for distillation on 14.2.08 when he was intercepted and arrested by the excise party. He was allegedly engaged in the act of distillation when he was arrested. The petitioner continues in custody from 14.2.08. He has no history of any criminal antecedents, reports 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. BA.1400/08 : 2 : 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 14.3.08. The investigators shall, in the meantime, make every endeavour to complete the investigation. 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 three 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) aks