IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Bail Appl..No. 1402 of 2008() ----------------------------- CR.57/2007 of J.M.F.C.,KASARAGOD C.R.NO.57/07 OF KUMBLA EXCISE RANGE .................... : ACCUSED ------------------------ JANARDANAN, MANIVALAPIL HOUSE SHIRIYA VILLAGE, KUMBALA, KASARAGOD. BY ADV. SMT.GOVINDU P.RENUKADEVI RESPONDENTS: COMPLAINANT ------------------------ THE SUB INSPECTOR OF POLICE KUMBLA EXCISE RANGE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1402 of 2008 ------------------------------------- Dated this the 10th day of March, 2008 ORDER Application for regular bail. Petitioner faces allegations in a crime registered under the Kerala Abkari Act. On 21.12.07, 3,194 X 100 ml of arrack were recovered from a secret chamber in the house of the petitioner. That was the time when the petitioner was not available at his house. He had already been arrested in another crime on 16.12.07. He continues in custody from that date. In his absence, his house was raided and the recovery alleged in this crime was allegedly made. The petitioner's wife is the 1st accused in this crime. The petitioner is arrayed as the 2nd accused. The arrest of the petitioner was recorded in this crime on 29.01.08. Investigation is in progress. The petitioner apprehends imminent arrest. 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 reasonable further time 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. B.A.No.1402 of 2008 2 3. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall not be released on the strength of this order prior to 24.03.2008. The Investigators shall in the meantime make every endeavour to complete the investigation; ii) The petitioner shall 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 between 10 a.m and 12 noon on all Mondays and Fridays for a period of 3 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/-