IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Bail Appl..No. 2156 of 2008() ----------------------------- CRIME NO. 89/08 OF VADAKKEKAD POLICE STATION PETITIONERS/ACCUSED ----------------- 1. SURESH BABU, S/O.APPUKUTTAN THIRUTHUMEL HOUSE, THACHAMPARA, MANNARKAD. 2. DILEEP KUMAR, S/O.CHANDRAN EZHUTHUPURAKKAL HOUSE, KARIKKAD DESOM PERUMBILAVU 3. RINEESH, S/O.RAJAN, INDAMPATTA HOUSE KARICHALKADAVU, KATTAKAMPAL VILLAGE 4. RAVEENDRAN, S/O.KUNJIMON KAIPPAD HOUSE, VELIYAMKODE DESOM 5. UNNIKRISHNAN, S/O.RAJAN KOZHICHAMURI HOUSE, VILAYUR, PATTAMBI. 6. NOUSHAD, S/O.MUHAMMODUNNI NALAKATH PUNNAKATH HOUSE, VELIYAMKODE VILLAGE DESOM. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2156 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of April, 2008 O R D E R Second application for regular bail. The petitioners are accused 1 to 6. Already there are eight accused persons. A7 and A8 are the principals of the accused. 15 litres of spirit and 6482 litres of toddy were found in the possession of the petitioners when they were allegedly involved in an attempt to make spurious toddy on behalf of A7 and A8. The offence was detected and the petitioners were arrested on 11.2.2008. They continue in custody from that date. A7 and A8 have not been apprehended so far. An earlier application filed by the petitioners was dismissed as per order dt. 19.3.2008 in B.A. 1607 of 2008. 2. The learned Prosecutor submits that the investigation is not complete and there is no prospect of the final report being filed prior to 11.4.2008. The learned Prosecutor in these circumstances submits that the State has no objection in regular bail being granted to the petitioners w.e.f. 11.4.2008, on which B.A.No. 2156 of 2008 2 date they will be entitled for bail by default under the proviso to Section 167(2) Cr.P.C. 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 11.4.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) The petitioners shall execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) 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 two months from the date of their release and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm