IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 Bail Appl..No. 895 of 2008() ---------------------------- CRIME NO. 914/07 OF KOTTARAKKARA POLICE STATION CMP.10349/2007 of J.M.F.C.-I,KOTTARAKKARA .................... PETITIONER/ACCUSED ----------------------------------- ANTO, S/O.DOMINIC, AGED 34 KIDARAPOIKA PUTHENVEEDU, NANTHIRIKKAL MURI PANNAD VILLAGE, KOLLAM TALUK. BY ADV. SRI.M.K.CHANDRA MOHANDAS SRI.K.P.PRATHEEP ROY RESPONDENTS: RESPONDENTS ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE KOTTARKARA. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 895 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of February, 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. He is the 8th accused. A lorry carrying 2385 litres of spirit in its secret chambers was intercepted on 1.12.2007. The petitioner was arrested on 9.12.2007. He had come to this Court earlier claiming regular bail and this Court by order dt.25.1.08 in B.A. 418 of 2008 had turned down the prayer for grant of regular bail. The petitioner now repeats the prayer for grant of regular bail. 2. The learned Prosecutor reports that the investigation is not complete. The period of 60 days has now elapsed. The petitioner is entitled for regular bail under the proviso to Section 167(2) Cr.P.C. The State has no objection now in regular bail being granted to the petitioner, subject to appropriate conditions, submits the Prosecutor. B.A.No. 895 of 2008 2 3. I am satisfied that the petitioner can be granted regular bail, in these circumstances. 4. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) 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 be satisfaction of the learned Magistrate. (b) 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