IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Bail Appl..No. 1306 of 2008() ----------------------------- CP.55/2004 of J.M.F.C.-II,NEDUMANGAD CRIME NO.71/01 OF EXCISE RANGE, NEDUMANGAD .................... PETITIONER : ACCUSED NO.3 ----------------------------- REMANAN, CHITHRA BHAVAN PALODUVILA DESOM, MALAYINKEEZHU THIRUVANANTHAPURAM. BY ADV. SMT.S.MUMTAZ RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA 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 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1306 of 2008 ------------------------------------- Dated this the 29th day of February, 2008 ORDER Application for regular bail. Petitioner faces indictment in a prosecution under the Kerala Abkari Act. The petitioner had twice come to this Court earlier in a Crl.M.C. The petitioner was directed to surrender. He did not surrender. Extension of time sought was refused. Later he came to this Court with yet another application for anticipatory bail. The same was also dismissed as per order dated 13.02.08. The petitioner later surrendered before the learned Magistrate on 21.02.08. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal Proceedings has been registered. The petitioner's application for regular bail was rejected by the learned Magistrate and the petitioner now continues in custody from 21.02.08. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner, who has remained in custody from 21.02.08, can now be enlarged on bail. I do however take note of the fact that the petitioner has not been available from B.A.No.1306 of 2008 2 2001, the crime having been registered in that year. The committal proceedings was registered in 2004 also, it is seen. Appropriate conditions can of course be imposed. 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 execute a bond for Rs.2,00,000/- (Rupees two lakhs only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioner shall report before the Investigating Officer between 5 p.m and 6 p.m on the first and third Saturdays of all English Calendar months until the case against him is finally disposed of. (R.BASANT, JUDGE) rtr/-