IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Bail Appl..No. 1650 of 2008() ----------------------------- CMP.949/2008 of J.M.F.C.-I,KOTTARAKKARA CRIME 15 OF 2008 OF KOTTARAKKARA EXCISE RANGE .................... PETITIONER : ACCUSED --------------------------- SUBASH @ KUTTAN PUTHEN VEETTIL, THALACHIRA, VETTIKAVALA, KOTTARAKKARA. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.KAVITHA GANGADHARAN RESPONDENTS:STATE AND COMPLAINANT ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. EXCISE INSPECTOR, KOTTARAKKARA EXCISE RANGE. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/03/2008 ALONG WITH B.A.NO.1724 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.Nos.1650 and 1724 of 2008 ------------------------------------- Dated this the 19th day of March, 2008 ORDER These are applications for regular bail filed by the common petitioner, who faces allegations in two crimes both registered under the Kerala Abkari Act. On 20.02.08 and 19.03.08, he was allegedly found to be in possession of 5 litres and 4 litres of arrack. He was arrested on 21.02.08. He continues in custody from that date. In B.A.No.1724 of 2008, the arrest of the petitioner was recorded on 06.03.08 though the petitioner was arrested on 21.02.08. The learned Public Prosecutor points out that the petitioner has one other crime also registered under the Abkari Act against him earlier. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the prayer on condition that the investigator is given some further time to complete the investigation and I am satisfied that the petitioner can be directed to be released on bail in both crimes subject to appropriate terms and conditions. B.A.Nos.1650 and 1724 of 2008 2 3. In the result, this application is allowed. The petitioner shall be released on bail in both crimes on the following terms and conditions. i) The petitioner shall not be released on the strength of this order prior to 02.04.2008. The Investigators shall in the meantime make every endeavour to complete the investigation in both crimes; ii) In each crime, the petitioner 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 2 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/-