IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Bail Appl..No. 1511 of 2008(R) ------------------------------ CRIME NO. 26/08 OF BALARAMAPURAM POLICE STATION CMP.685/2008 of J.M.F.C.-III,NEYYATTINKARA .................... PETITIONER/5TH ACCUSED --------------------------------------- REJITH, S/O.RAJAN, MANAGALATHUKONAM MEKKATHOTTAM KARYATUVILA VEEDU, VENGANOOR, VENGANOOR, DIST. THIRUVANANTHAPURAM. BY ADV. SMT.K.R.RIJA RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1511 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of March, 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He is the 5th accused. He was allegedly found in possession of 363 litres of spirit on 14.1.2008. He was arrested on 15.1.2008 and he continues in custody from that date. Investigation is not complete. Final report has not been filed yet. There is no change of final report being filed by 15.3.2008, on which day the period of 60 days would elapse from the date of first remand. 2. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can be directed to be enlarged on bail w.e.f. 15.3.2008, by which day he shall have the indefeasible right to be released on bail by default. Appropriate conditions can of course be imposed. B.A.No. 1511 of 2008 2 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 15.3.2008. 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 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 tm