IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 24TH OCTOBER 2007 / 2ND KARTHIKA 1929 Bail Appl..No. 6437 of 2007() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.5924/2007 CRMP.3236/2007 of J.M.F.C.,RANNI EXCISE C.R.NO.27/07 OF RANNI RANGE .................... : PETITIONER/1ST ACCUSED: ---------------------------------------- SATHYAN, AGED 44 YEARS, S/O. GOPALAN, MAMPARAKKARA, PONNUTHUNDIL VEEDU, PERUNAD VILLAGE, RANNI TALUK,PATHANAMTHITTA DIST. BY ADV. SRI.V.SETHUNATH RESPONDENTS: COMPLAINANT/STATE: ------------------------------- 1. THE EXCISE INSPECTOR, RANNI EXCISE RANGE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/10/2007 ALONG WITH B.A.NO.6438 OF 2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.Nos.6437 & 6438 of 2007 ------------------------------------- Dated this the 24th day of October, 2007 ORDER These are second applications for regular bail by the common petitioner. He faces allegations under the Kerala Abkari Act in 2 crimes. He was allegedly found to be in possession of 175 litres of spirit on 12.05.07 and 10 litres of arrack and 10 litres of spirit on 1.9.07. He was arrested on 01.09.07. He continues in custody from that date. Arrest was recorded in the other crime also on 15.09.07. The petitioner continues in custody from that date. His earlier applications for regular bail was dismissed by this Court as per order dated 03.10.07 in B.A.Nos.5924 & 5925 of 2007. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigator is given the full complement of 60 days from the date of arrest to complete the investigation and I am satisfied that the petitioner can now be directed to be released on bail subject to appropriate terms and conditions. 3. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. B.A.Nos.6437 & 6438 of 2007 2 i) The petitioner shall not be released on the strength of this order prior to 01.11.2007. The Investigators shall in the meantime make every endeavour to complete the investigation. ii) The petitioner shall in each case execute a bond for Rs.1,00,000/- (Rupees One lakh 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 from the date of his release between 10 a.m and 12 noon on all Mondays and Fridays for a period of 3 months and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-