IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6663 of 2007()
1. JOHNY, S/O.JOHNY, ASWATHY BHAVAN,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.BLAZE K.JOSE
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :05/11/2007
O R D E R
R.BASANT, J
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B.A.No.6663 of 2007
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Dated this the 5th day of November, 2007
ORDER
Application for regular bail. The petitioner is the 5th accused. He
along with co-accused faces allegations under the Kerala Abkari Act.
The activity of distillation was going on allegedly for and on behalf of
and at the instance of the petitioner herein. When the police party
reached the scene, 4 accused persons were allegedly engaged in the
act of distillation. 15 litres of arrack and 600 litres of wash were
seized. 3 accused persons (accused 1 to 3) were arrested. The 4th
person ran away from the scene. There is no case for the police that
the petitioner is the one who ran away. The activity was allegedly
going on at the instance of the petitioner. Those arrested at the scene
of crime on 1.9.07 have now been enlarged on bail by this Court as per
order dated 08.10.07. The petitioner was arrested on 30.09.07. His
arrest in this crime was recorded on 9.10.07. He continues in custody
from that date. The learned Public Prosecutor submits that the
petitioner has one other crime (the one in which he was arrested on
30.09.07) also to his credit under the Kerala Abkari Act.
2. The learned counsel for the petitioner prays, the learned
Public Prosecutor does not oppose the said prayer on condition that
B.A.No.6663 of 2007 2
the investigator is given reasonable time to complete the investigation
and I am satisfied that the petitioner can now be directed to be
released on bail subject to appropriate terms and conditions.
3. In the result, this application is allowed. The petitioner
shall be released on bail on the following terms and conditions.
i) The petitioner shall not be released on the strength of this
order prior to 15.11.2007. The Investigators 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 between 10 a.m and 12 noon on all
Mondays and Fridays for a period of 2 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)
rtr/-