IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 Bail Appl..No. 1174 of 2008() ----------------------------- CRIME NO.21/08 OF KAYAMKULAM POLICE STATION CMP.194/2008 of J.M.F.C., KAYAMKULAM .................... PETITIONER/ACCUSED ----------------------------------- GOPALAKRISHNAN, S/O. MADHAVAN, KRISHNA BHAVANATHIL, GOVINDAMUTTAM MURI, PUTHUPPALLY VILLAGE. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, KAYAMKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1174 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of February, 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. On receipt of prior discreet information, the police party allegedly reached the scene of the crime, which the residential premises of the petitioner. On seeing the police party, the petitioner allegedly took to his heels and could not be apprehended. 595 litres of wash in 17 cans, each containing 35 litres, were available in the premises. Seizure was effected. The seizure mahazar reveals clearly the complicity of the petitioner. Crime was promptly registered. Investigation is in progress. The petitioner was arrested later on 27.1.2008 and he continues in custody from that date. Final report has not been filed so far. The learned Prosecutor points out that the petitioner has no history of any criminal antecedents. 2. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer on condition that the Investigator is granted reasonable further time to complete the B.A.No. 1174 of 2008 2 investigation and I am satisfied that the petitioner can now be directed to be enlarged on bail, subject to appropriate terms and conditions. 3. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall not be released from custody on the strength of this order prior to 10.3.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) He shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (c) He shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 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 tm B.A.No. 1174 of 2008 3