IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 Bail Appl..No. 171 of 2008() ---------------------------- CMP.11049/2007 of J.M.F.C.-I,NEDUMANGAD CR.NO.150/07 OF ARYANAD EXCISE RANGE .................... PETITIONER : ACCUSED ----------------- SANJU, S/O.CHANDRA BABU, VAYARLIATHU VEEDU,KIDANGU MUKKU, KOTTAKKAKM MURI,ARYANA VILLAGE, NEDUMANGAD TALUK. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT: COMPLAINANT -------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.171 of 2008 ------------------------------------- Dated this the 15th day of January, 2008 ORDER Application for regular bail. Petitioner faces allegations under the Kerala Abkari Act. He is the 2nd accused. He along with co-accused was engaged in the transportation of 35 litres of arrack in a motor cycle on 20.11.07. The motorcycle was intercepted and the 1st accused was arrested on 20.11.07 itself. The petitioner allegedly took to his heels and could not be apprehended on that date. He surrendered later on 19.12.07. He continues in custody from that date. The petitioner has no history of any criminal antecedents, submits the learned Public Prosecutor. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigator is given reasonable time to complete the investigation and I am satisfied that the petitioner can now be directed to be released on bail subject to appropriate terms and conditions. B.A.No.171 of 2008 2 3. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall not be released on the strength of this order prior to 21.01.2008. The Investigators shall in the meantime make every endeavour to complete the investigation; ii) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty thousand 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 2 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) rtr/-