IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Bail Appl..No. 1440 of 2008() ----------------------------- CRMP.2790/2008 of J.M.F.C.,CHALAKUDY C.R.12/08 OF CHALAKUDY EXCISE RANGE .................... PETITIONER/ACCUSED-1 ------------------------------------- SUNIL, AGED 38, S/O.KUMARAN, THALIKKAL HOUSE, ALAVI CENTRE, POTTA VILLAGE, THRISSUR DIST. BY ADV. SRI.M.H.HANIL KUMAR RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. EXCISE INSPECTOR, CHALAKUDY EXCISE RANGE, THRISSUR DIST., REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, THRISSUR, COCHIN-682 031. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, THRISSUR, COCHIN-682 031. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1440 OF 2008 F ```````````````````````````````````````````````````` Dated this the 7th day of March, 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. The petitioner was allegedly found to be in possession of 4 litres of arrack on 24/2/2008. He was arrested and continues in custody from that date. He has no history of any criminal antecedents, 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 investigating officer is granted time till 10.3.08 to complete the investigation and I am satisfied that regular bail can be granted to the petitioner subject to appropriate conditions. 3. In the result, this petition is allowed. The petitioner shall be enlarged on bail on the following terms and BA.1440/08 : 2 : conditions: i) The petitioner shall not be released on bail on the strength of this order prior to 10.3.08. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) He shall execute a bond for Rs.25,000/- (Rupees twenty five 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 as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) aks