High Court Kerala High Court

Biju vs State Of Kerala on 7 March, 2008

Kerala High Court
Biju vs State Of Kerala on 7 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1386 of 2008(B)


1. BIJU, S/O. PODIYAN @ CHERU MANCHAL-
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.T.A.UNNIKRISHNAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :07/03/2008

 O R D E R
                          R. BASANT, J.

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                   B.A. No. 1386 OF 2008 A
           ````````````````````````````````````````````````````
            Dated this the 7th day of March, 2008

                             O R D E R

Application for regular bail. Petitioner is the first

accused. Altogether there are two accused persons. The 2nd

accused has not been apprehended so far. The petitioner,

along with the co-accused, faces allegations in a crime

registered under the Kerala Abkari Act. On 21.3.07 the

petitioner, along with the co-accused, was allegedly engaged

in the transportation of 45 litres of arrack in a scooter. The

petitioner was arrested only on 7.2.08. He continues in

custody from that date. The petitioner has no history of any

criminal antecedents, reports 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 investigating officer is granted reasonable

further time to complete the investigation and I am satisfied

that regular bail can be granted to the petitioner subject to

BA.1386/08
: 2 :

appropriate conditions.

3. In the result, this petition is allowed. The petitioner

shall be enlarged on bail on the following terms and

conditions:

i) The petitioner shall not be released on bail on the

strength of this order prior to 17.3.08. The investigating

officer shall, in the meantime, make every endeavour to

complete the investigation.

ii) He shall execute a bond for Rs.50,000/- (Rupees

fifty thousand 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 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)
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