IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2662 of 2008()
1. YASODHARAN, S/O.KUNJUPILLAI
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
For Petitioner :SRI.RASHEED C.NOORANAD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :29/04/2008
O R D E R
R. BASANT, J.
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B.A.No. 2662 of 2008
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Dated this the 29th day of April, 2008
O R D E R
Application for regular bail. The petitioner faces
allegations under the Kerala Abkari Act. He was allegedly
found to be in possession of 35 litres of arrack on 8.11.2007.
The petitioner has seven other crimes under the Abkari Act
registered against him. He was arrested on 17.2.2008 in one
such crimes. His arrest in this case was recorded on 3.3.2008.
Investigation is not complete. Final report has not been filed.
The learned Prosecutor submits that there is no prospect of the
final report being filed prior to 3.5.2008, on which date the
petitioner will be entitled for bail by default under the proviso to
Section 167(2) Cr.P.C., submits the learned Prosecutor.
2. In the result:
1) This application is allowed.
2) The petitioner shall be released on bail on the following
terms and conditions.
B.A.No. 2662 of 2008
2
(a) The petitioner shall not be released from custody on the
strength of this order prior to 3.5.2008. The Investigators shall in the
meantime make every endeavour to complete the investigation.
(b) He shall execute a bond for Rs.1,00,000/- (Rupees one lakh
only) with two solvent sureties each for the like sum to be satisfaction
of the learned Magistrate.
(c) 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
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