IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Bail Appl..No. 7862 of 2007() ----------------------------- CRIME NO. 185/07 OF PULPALLY POLICE STATION AGAINST THE JUDGEMENT/ORDER IN BA.7479/2007 .................... PETITIONERS/ACCUSED 9 & 10 ------------------------------------------- 1. SAJEEVAN @ SAJEEVKUMAR, S/O K.GOVINDAN, AGED 34 YEARS, SHYLAJA NIVAS, CHALAPARAMB, THILLAGERI AMSOM, THILLAGERI. 2. NASSAR, S/O ABHU, AGED 38 YEARS, PUTHIYAPURAYIL HOUSE, CHAVASSERI AMSOM, ULIYIL DESOM, ULIYIL POST. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE C.B.C.I.D., CALICUT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 7862 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of January, 2008 O R D E R Application for regular bail. The petitioners are accused 9 and 10. 8540 litres of spirit was seized from a lorry, which was found abandoned on 29.6.2007. The petitioners were arrested on 12.11.2007 and they continue in custody from that date. An earlier application for regular bail filed by them was dismissed as per order dt. 7.12.2007 in B.A. No. 7479 of 2007. That petition was dismissed with the observation that the petitioners can move this Court for bail again at a later stage, not at any rate prior to 11.12.2007. Accordingly this application was filed on 13.12.2007. 2. The learned counsel for the petitioners prays, the learned Prosecutor does not oppose the said prayer on condition that the Investigator is granted time till 11.1.2008 to complete the investigation and I am satisfied that the petitioners can now be directed to be enlarged on bail subject to appropriate terms and conditions. By that date, the petitioners shall be entitled for bail by B.A.No. 7862 of 2007 2 default under the proviso to Section 167(2) Cr.P.C. The learned Prosecutor fairly concedes that there is no possibility of the final report being filed before that date. 3. In the result: 1) This application is allowed. 2) The petitioners shall be released on bail on the following terms and conditions. (a) The petitioners shall not be released from custody on the strength of this order prior to 11.1.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) They shall execute bonds for Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (c) They shall make themselves available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) tm Judge B.A.No. 7862 of 2007 3 tm