IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 40 of 2008()
1. THULASEEDHARAN, S/O. DIVAKARAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.PRAKASH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :07/01/2008
O R D E R
R. BASANT, J.
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B.A. No. 40 OF 2008
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Dated this the 7th day of January, 2008
ORDER
Application for regular bail. The petitioner faces
allegations under the Kerala Abkari Act. He was allegedly
found to be in possession of 50 litres of Wash and implements
for distillation when he was intercepted on 16/8/07. He could
not be arrested on that day. Later, he was arrested in some
other abkari case. His arrest in this case was noted with
effect from 8/12/07. He continues in custody in this case from
that date. The petitioner has no history of any involvement in
any other Abkari case except the two referred, 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 Investigator is granted reasonable further
time to complete the investigation and I am satisfied that the
B.A. No. 40 OF 2008 -: 2 :-
petitioner can now be directed to be enlarged on bail subject to
appropriate terms and conditions.
3. 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 15/1/2008. The Investigator shall,
in the meantime, make every endeavour to complete the
investigation.
(ii) 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.
(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 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)
Nan/