IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Bail Appl..No. 242 of 2008() ---------------------------- CMP.126/2008 of J.M.F.C.,KASARAGOD C.R. 1/08 OF KUMBALA EXCISE RANGE .................... PETITIONER/ACCUSED ----------------------------------- SADASHIVA, AGED 40 YEARS, S/O.KRISHNA VELICHAPADA, BINDU NIVAS, NEAR RAILWAY STATION, UPPALA, KASARAGODE. BY ADV. SRI.SOJAN MICHEAL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 242 OF 2008 ```````````````````````````````````````````````````` Dated this the 14th day of January, 2008 O R D E R Application for regular bail. Petitioner faces allegations under the Kerala Abkari Act. The petitioner was allegedly found to keep in his possession 100 packets of Karnataka arrack each containing 100 ml. The offence was detected and the petitioner was arrested on 2.1.08. He continues in custody from that date. The petitioner 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 BA.242/08 : 2 : shall be enlarged on bail on the following terms and conditions: i) The petitioner shall not be released on bail on the strength of this order prior to 25.1.08. 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 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) aks