IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 Bail Appl..No. 1130 of 2008() ----------------------------- CMP.429/2008 of J.M.F.C.,NILAMBUR CR NO.5/2008 OF NILAMBUR EXCISE RANGE .................... : APPLICANT/ACCUSED ---------------------------------- SURESH, S/O. UNNIKRISHNAN NAIR, KALATHINGAL HOUSE, VAZHIKADAVU AMSOM, KARAKODU DESOM, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) SRI.M.REVIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1130 of 2008 ---------------------------------------- Dated this the 25th day of February 2008 O R D E R Application for regular bail. The petitioner faces allegations under the Kerala Abkari Act. The petitioner was allegedly found to be in possession and transporting 30 litres of arrack in an autorickshaw on 30/1/2008 when he was intercepted by the excise officials. He was arrested on that day and continues in custody from that date. He has no history of any criminal antecedents, submits the learned Public Prosecutor. 2. The learned counsel for the petitioner 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 regular bail can be granted to the petitioner subject to appropriate conditions. 3. In the result, this petition is allowed. The petitioner shall be enlarged on bail on the following terms and conditions: i) The petitioner shall not be released on bail on the strength of this order prior to 03/03/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. B.A.No.1130/08 2 ii) He shall execute a bond for Rs.75,000/- (Rupees seventy five 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 two 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) jsr B.A.No.1130/08 3 B.A.No.1130/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007