IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2662 of 2008() ----------------------------- CRIME NO. 407/07 OF NOORANADU POLICE STATION AGAINST THE JUDGEMENT/ORDER IN BA.2239/2008 Dated 10/04/2008 CMP.1606/2008 of J.M.F.C.-I, MAVELIKKARA .................... PETITIONER : ACCUSED ------------------------ YASODHARAN, S/O.KUNJUPILLAI PRADHANAVILAYIL (PANNISSERRY PADEETTATHIL) PULIMEL MURI, NOORANADU, MAVELIKKARA TALUK. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENTS: COMPLAINANT/STATE ------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2662 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of April, 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to be in possession of 35 litres of arrack on 8.11.2007. The petitioner has seven other crimes under the Abkari Act registered against him. He was arrested on 17.2.2008 in one such crimes. His arrest in this case was recorded on 3.3.2008. Investigation is not complete. Final report has not been filed. The learned Prosecutor submits that there is no prospect of the final report being filed prior to 3.5.2008, on which date the petitioner will be entitled for bail by default under the proviso to Section 167(2) Cr.P.C., submits the learned Prosecutor. 2. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. B.A.No. 2662 of 2008 2 (a) The petitioner shall not be released from custody on the strength of this order prior to 3.5.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) He shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (c) He shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm