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. 1730 of 2008() ----------------------------- CRIME 36/08 OF VELLARIKUNDU POLICE STATION PETITIONERS/ACCUSED ------------------------------------ 1. BIJU CHACKO, S/O.CHACKO, AGED 35 YEARS, KUNNUMPALLI HOUSE, ATTAKKAD, NOW RESIDING AT NEAR CASINO THEATRE, VELLIKKUNNU. 2. DILEEP M.JOHN, S/O.K.S.JOHN, PUTHEN PURAKKAL HOUSE, AGED 24 YEARS, ATTAKKAD, WEST ELORI VILLAGE. BY ADV. SMT.T.SUDHAMANI RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.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. 1730 OF 2008 ```````````````````````````````````````````````````` Dated this the 19th day of March, 2008 O R D E R Application for regular bail. Petitioners face allegations under the Kerala Abkari Act. They were allegedly found to be in possession of 100 x 180 ml of IMFL in bottles on 29.2.08. They were arrested and continue in custody from that date. The petitioners have no history of any criminal antecedents, submits the learned Public Prosecutor. 2. The learned Public Prosecutor reports that the seizure mahazar does not reveal whether the IMFL is illicit or not - as to whether the bottles had the stickers of the Kerala State Beverages Corporation on them or not. No stickers are seen described in the seizure mahazar, points out the learned Public Prosecutor. 3. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigating officer is granted reasonable further time to complete the investigation and I am satisfied that the petitioners can now be directed to be released on bail subject to appropriate conditions. BA.1730/08 : 2 : 4. In the result, this petition is allowed. The petitioners shall be enlarged on bail on the following terms and conditions:- i) The petitioners shall not be released on bail on the strength of this order prior to 24.3.08. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) The petitioners shall execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. iii) The petitioners shall make themselves 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 from the date of their release and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) aks