Vijayan vs State Of Kerala on 20 February, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 987 of 2008()


1. VIJAYAN, S/O. THANKAPPAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.K.V.ANIL KUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :20/02/2008

 O R D E R
                          R. BASANT, J.

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                     B.A. No. 987 OF 2008
           ````````````````````````````````````````````````````
          Dated this the 20th day of February, 2008

                             O R D E R

Application for regular bail. The petitioner faces

allegations under the Kerala Abkari Act. The petitioner was

allegedly found to be in possession of 4 litres of arrack on

2.9.2007. He was not available for arrest. He was produced

and his arrest was recorded on 1.2.2008 he having been

arrested and detained in some other crime. The petitioner

has five other crimes under the Kerala Abkari Act also to his

credits, 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 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

appropriate conditions.

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

BA.987/08
: 2 :

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 1.3.2008. 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)
aks