IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Bail Appl..No. 1760 of 2008() ----------------------------- CRIME NO.273/2007 OF THIRUVALLA POLICE STATION PETITIONER: 1ST ACCUSED ---------------------------- ANOOSH @ ANI, S/O.BHADRAN NADUVILETHIL (KOCHETHUPADINJARETHIL) KANIYAMPARA COLONY, PADINJATTOTHARA KARA KUTTUR VILLAGE, THIRUVALLA TALUK PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.B.SREEKUMAR RESPONDENTS: COUNTER PETITIONER ------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE THIRUVALLA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1760 of 2008 ---------------------------------------- Dated this the 19th day of March 2008 O R D E R Application for regular bail. The petitioner is the first accused. He faces allegations under the Kerala Abkari Act. The petitioner was allegedly involved in the transportation of 7595 litres of spirit on 20/4/2007. The petitioner surrendered and remains in custody from 10/01/2008. Investigation is not complete. Final report has not been filed yet. 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 is entitled for grant of regular bail under the proviso to Section 167(2) Cr.P.C, as the final report is not filed within a period of sixty days from the date of first remand. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to facts in any greater detail. 3. In the result, this petition is allowed. The petitioner shall be enlarged on bail on the following terms and conditions: B.A.No.1760/08 2 i) 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. ii) 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 and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) jsr B.A.No.1760/08 3 B.A.No.1760/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007