IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7181 of 2007()
1. K.K.MOHANDAS,S/O.KANDAN
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.LALJI P.THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :22/11/2007
O R D E R
R.BASANT, J.
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B.A.No.7181 of 2007
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Dated this the 22nd day of November 2007
O R D E R
Application for regular bail. The petitioner faces
allegations under the Kerala Abkari Act. A lorry loaded with
8,540 litres of spirit was found abandoned in the jurisdiction of
Pulpally police station on 29/6/2007. I have already adverted to
facts in detail in the bail applications which I have considered
and disposed of by now. The petitioner was arrested on
27/9/2007. Investigation is not complete. I had occasions to
comment on the quality of the investigation. There is no
controversy now that the investigation cannot be completed by
27/11/2007.
2. The learned counsel for the petitioner prays, the
learned Public Prosecutor does not oppose the said prayer on
condition that the investigating officers are given the full
complement of sixty days to complete the investigation and I am
satisfied that regular bail can be granted to the petitioner with
effect from 26/11/2007. Appropriate conditions can of course be
imposed.
3. In the result, this petition is allowed. The petitioner
shall be enlarged on bail on the following terms and conditions:
B.A.No.7181/07 2
i) The petitioner shall not be released on bail on the
strength of this order prior to 26/11/2007. The investigating
officer shall, in the meantime, make every endeavour to
complete the investigation.
ii) He shall execute a bond for Rs.2,00,000/- (Rupees
two lakhs only) with two solvent sureties each for the like sum to
the satisfaction of the learned Magistrate.
iii) The petitioner shall appear before the Pulpally police
station between 10 a.m and 12 noon on all Mondays,
Wednesdays and Fridays for a period of three months from the
date of his release and thereafter as and when directed by the
investigating officer from time to time. It is made clear that
during this period, the investigating officer shall be at liberty to
direct the petitioner in writing to appear before him on any date
also.
(R.BASANT, JUDGE)
jsr
B.A.No.7181/07 3
B.A.No.7181/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007