IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 Bail Appl..No. 549 of 2008() ---------------------------- CRIME NO. 914/07 OF KOTTARAKKARA POLICE STATION CMP.10348/2007 of J.M.F.C.-I,KOTTARAKKARA .................... PETITIONER --------------------------- BIJU CHACKO, S/O.CHACKO, PUTHUPARAMBIL (MANAYIL), MALAKARA KARIKUNNAM VILLAGE, THODUPUZHA, IDUKKI. BY ADV. SRI.RAJIT SRI.K.J.PRAJI RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------- B.A. NO. 549 of 2008 ------------------------------------------- Dated this the 31st day of January, 2008 ORDER Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He is the 5th accused in the crime. He was allegedly responsible along with the co-accused for transportation of 2385 litres of spirit in a lorry on 1/12/07. The petitioner was arrested on 8/12/07 and produced before the learned Magistrate on 9/12/07. He continues in custody from that date. 2. The learned Public Prosecutor submits that the period of 60 days shall elapse on 8/2/08 and that there is no possibility of the final report being filed on before that date. In these circumstances, the petitioner shall have to be released on bail under the proviso to Sec.167(2) of the Cr.P.C. on that date. The State has no objection in bail being granted to the petitioner with effect from that date subject to appropriate conditions, submits the learned Public Prosecutor. B.A. NO. 549 of 2008 -: 2 :- 3. In the absence of opposition, I am satisfied that regular bail can be granted to the petitioner subject to appropriate conditions. 4. 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 8/2/08. The Investigator shall, in the meantime, make every endeavour to complete the investigation. (ii) The petitioner shall execute a bond for Rs.2,00,000/- (Rupees two 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 on all Mondays and Fridays between 10 a.m. and 12 noon 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. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge