IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH SEPTEMBER 2007 / 20TH BHADRA 1929 Bail Appl..No. 5458 of 2007() ----------------------------- CMP.7043/2007 of J.M.F.C.-I,NEDUMANGAD CR.NO.79/2007 OF ARYANAD EXCISE RANGE .................... PETITIONER/ACCUSED NO.1 ---------------------------------------- VIJAYAN, S/O.CHELLAPPAN NADAR, KALLADA PUTHEN VEEDU, KOKKETTELA, KOTTAKKAKOM MURI, ARYANAD VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.5458 of 2007 ---------------------------------------- Dated this the 11th day of September 2007 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 25 litres of wash and 35 litres of arrack. Altogether there are three accused. The petitioner is the first accused. Accused persons were allegedly engaged in the activity of brewing liquor. He was arrested on 7/8/2007 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 reasonable further time 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 can now be enlarged on bail on the following terms and conditions: B.A.No.5458 /07 2 i) The petitioner shall not be released on bail on the strength of this order prior to 22/09/2007. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) He shall execute a bond for Rs.50,000/- (Rupees fifty 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 between 10 a.m and 12 noon on all Mondays and Fridays for a period of three months and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) jsr B.A.No.5458 /07 3 B.A.No.5458 /07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007