IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 Bail Appl..No. 40 of 2008 ---------------------------------- (CRIME NO. 176/07 OF THENMALA POLICE STATION) .................. PETITIONER/ACCUSED: ----------------------------------- THULASEEDHARAN, S/O. DIVAKARAN, KANALKARA NIJU BHAVAN, NEAR APPOPPAN AMMOMMA KAVU, EDAMON MURI, EDAMON VILLAGE. BY ADV. SRI.S.PRAKASH. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZER. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 40 OF 2008 ------------------------------------------------- Dated this the 7th day of January, 2008 ORDER Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to be in possession of 50 litres of Wash and implements for distillation when he was intercepted on 16/8/07. He could not be arrested on that day. Later, he was arrested in some other abkari case. His arrest in this case was noted with effect from 8/12/07. He continues in custody in this case from that date. The petitioner has no history of any involvement in any other Abkari case except the two referred, submits 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 Investigator is granted reasonable further time to complete the investigation and I am satisfied that the B.A. No. 40 OF 2008 -: 2 :- petitioner can now be directed to be enlarged on bail subject to appropriate terms and conditions. 3. In the result: (a) This application is allowed. The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall not be released from custody on the strength of this order prior to 15/1/2008. The Investigator shall, in the meantime, make every endeavour to complete the investigation. (ii) The petitioner shall execute a bond for Rs.50,000/- 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 on all Mondays and Fridays between 10 a.m. and 12 noon 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) Nan/