IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Bail Appl..No. 2253 of 2008() ----------------------------- CMP.974/2008 of J.M.F.C.-I,KOTTARAKKARA C.R. 25/08 OF EZHUKONE EXCISE RANGE .................... PETITIONER --------------------------- ASOKAN,S/O. KUNJU PILLAI ARUNBHAVA, UPPOOD MURI, KIZHAKKEKALLDA VILLAGE,KOLLAM TALUK. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY THE EXCISE INSPECTOR, EZHUKONE EXCISE RANGE THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2253 OF 2008 ```````````````````````````````````````````````````` Dated this the 10th day of April, 2008 O R D E R Application for regular bail. Petitioner is the 1st accused. He, along with four others, faces allegations under the Kerala Abkari Act. On 27.2.08, the petitioner was allegedly found to engage himself in the act of distillation along with the co-accused. He had 600 litres of wash, 150 litres of boiled wash, 40 litres of arrack and utensils for distillation in his possession. The distillation was allegedly going on inside a country boat. 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 investigators are granted the full complement of 60 days' time from the date of the arrest to complete the investigation and I am satisfied that regular bail can be granted to the petitioner subject to appropriate BA.2253/08 : 2 : conditions. 3. In the result, this petition is allowed. The petitioner shall be released 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 26.4.08. The investigator shall, in the meantime, make every endeavour to complete the investigation. ii) He shall execute a bond for Rs.1,00,000/- (Rupees one lakh 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) aks