IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 Bail Appl..No. 8049 of 2007() ----------------------------- CMP.2304/2007 of J.M.F.C.-II, HARIPAD CR.NO.111/07 OF KARTHIKAPPALLY EXCISE RANGE. .................... PETITIONER : ACCUSED; ------------------------- KARTHIKEYAN @ KANDI KARTHIKEYAN , S/O.KESHAVAN, NELLAN NIKATHIYIL VEETTIL, AREEKATHARAYIL, KANJOOR, KOTTAKAMURI, CHENGOLI VILLAGE, KARTHIKAPPALLY TALUK. BY ADV. SRI.L.JAYAWANTH RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA THROUGH EXCISE INSPECTOR KARTHIKAPPALLY REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------- B.A. NO. 8049 of 2007 ------------------------------------------------- Dated this the 4th day of January, 2008 ORDER Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to be in possession of 3.75 litres of arrack on 4/12/07. He was arrested and continues in custody from that date. The learned Public Prosecutor reports that the petitioner has 7 other crimes under the Abkari Act also registered against him prior to this case. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that the Investigator is granted reasonable further time to complete the investigation and I am satisfied that the petitioner can now be directed to be enlarged on bail subject to appropriate terms and conditions. B.A. NO. 8049 of 2007 -: 2 :- 3. In the result: (a) This application is allowed. The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall not be released from custody on the strength of this order prior to 15/1/08. The Investigator shall, in the meantime, make every endeavour to complete the investigation. (ii) The petitioner 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 on all Mondays and Fridays between 10 a.m. and 12 noon for a period of three 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) Nan/