IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1703 of 2008()
1. JAYACHANDRAN, AGED 43 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA
... Respondent
For Petitioner :SRI.S.SHANAVASKHAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :18/03/2008
O R D E R
R. BASANT, J.
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B.A. Nos. 1703 & 1706 of 2008
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Dated this the 18th day of March, 2008
ORDER
Applications for regular bail. The 1st petitioner in
B.A.No.1706/08 is the sole petitioner in B.A.No.1703/08. The
petitioners in B.A.No.1706/08 are alleged to have kept in their
possession 7.7 litres of arrack and 840 litres of Wash and
utensils for distillation on 6/2/08. The 1st petitioner was
arrested at the scene of the crime; where as the 2nd petitioner
surrendered on 12/2/08. Both of them continue in custody
from that date. In B.A.No.1703/08, the 1st petitioner alone is
the accused. The allegation against him is that he was found
to keep in his possession 40 litres of arrack and 700 litres of
Wash and utensils for distillation on 22/1/08. His arrest was
recorded on 7/2/08. He continues in custody from that date.
The learned Public Prosecutor reports that both the accused
B.A. Nos. 1703
& 1706 of 2008 -: 2 :-
have criminal antecedents and they are involved in some earlier
cases – all registered under the Kerala Abkari Act.
2. The learned counsel for the petitioners 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
petitioners, who have remained in custody from 6/2/08 and
12/2/08, can now be enlarged on bail subject to appropriate
terms and conditions.
3. In the result:
(a) These applications are allowed. The petitioners shall
be released on bail on the following terms and conditions:
(i) The petitioners shall not be released from custody on
the strength of this order prior to 1/4/08. The Investigator
shall, in the meantime, make every endeavour to complete the
investigation.
(ii) The petitioners shall execute bonds for Rs.1,00,000/-
(Rupees one lakh only) each in each case with two solvent
sureties each for the like sum to the satisfaction of the learned
Magistrate.
(iii) The petitioners shall make themselves available for
interrogation before the Investigating Officer on all Mondays and
B.A. Nos. 1703
& 1706 of 2008 -: 3 :-
Fridays between 10 a.m. and 12 noon for a period of three
months from the date of their release and thereafter as and when
directed by the Investigating Officer in writing to do so.
(R. BASANT, JUDGE)
Nan/