IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1764 of 2008()
1. K.K.RAJU, S/O.KOCHUCHERUKKON,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.V.MANOJ KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :19/03/2008
O R D E R
R. BASANT, J.
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B.A. No. 1764 OF 2008
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Dated this the 19th day of March, 2008
ORDER
Second application for regular bail. The petitioner faces
allegations under the Kerala Abkari Act. The earlier
application filed by the petitioner was dismissed as per the
order dated 28/2/08 in B.A.No.1025/08. The petitioner remains
in custody from 23/1/08. A large quantity of 7595 litres of
spirit is involved in this crime.
2. The learned Public Prosecutor submits that the
investigation is not over yet. He, in these circumstances,
opposes the bail application; but submits that there is no
prospect of the final report being filed within a period of 60
days from the date of the first remand. In these circumstances,
the learned Public Prosecutor submits that the State has no
objection against the grant of bail with effect from 23/3/2008 –
the date on which the petitioner would become entitled to bail
B.A. No. 1764 OF 2008 -: 2 :-
by default under the proviso to Sec.167(2) of the Cr.P.C.
3. I am, in these circumstances, satisfied that the
petitioner can be granted bail subject to appropriate terms and
conditions.
4. In the result:
(a) This application is allowed. The petitioner shall be
released on bail on the following terms and conditions:
(i) The petitioner shall not be released from custody on the
strength of this order prior to 23/3/08. The Investigator shall, in
the meantime, make every endeavour to complete the
investigation.
(ii) The petitioner 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.
(iii) The petitioner 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 from the date of his release and thereafter as and when
directed by the Investigating Officer in writing to do so.
(R. BASANT, JUDGE)
Nan/
B.A. No. 1764 OF 2008 -: 3 :-
He was allegedly found to be in possession of 11 litres of Indian
Made Foreign Liquor on 26/11/07. He was arrested and
continues in custody from that date. The learned Public
Prosecutor submits that the petitioner has two other earlier
cases also registered under the Abkari Act.
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 can now be enlarged on bail subject
to appropriate terms and conditions.
3. In the result:
(a) The application is allowed.
(b) The petitioner shall be released on bail on the following
terms and conditions:
(i) The petitioner shall execute a bond for Rs.50,000/- 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 on all Mondays and
Fridays between 10 a.m. and 12 noon for a period of two months
and thereafter as and when directed by the Investigating
B.A. No. 1764 OF 2008 -: 4 :-
Officer in writing to do so.
(R. BASANT, JUDGE)
Nan/