IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 Bail Appl..No. 1889 of 2008() ----------------------------- CRIME NO. 45/08 OF VITHURA POLICE STATION CMP.1120/2008 of J.M.F.C.-II,NEDUMANGAD .................... PETITIONER/ACCUSED 2 & 3 ----------------- 1. ANIL @ VIRAYAN ANI, S/O.APPUKUTTAN, VAYALARIKATHU VEEDU, VRENTHA MANDIRAM, KOCHANAPPARA,KOTTAKKAKAM MURI, VITHURA VILLAGE. 2. SURESH @ SURAN, LAKSHOM VEEDU, KARIKUNNU, ANAPPARA,KOTTAKKAKAM MURI, VITHURA VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: ------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1889 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of March, 2008 O R D E R Application for regular bail. The petitioners are accused 2 and 3 (not A1 and 2 as shown in the petition, submits the learned Prosecutor). Altogether there are three accused persons. On the night of 26.2.2008, the accused persons were all allegedly found involved in the activity of distillation of arrack. 70 litres of arrack were allegedly seized. The petitioners were apprehended at the spot. They continue in custody from 26.2.2008. The learned Prosecutor reports that the petitioners have no history of any criminal antecedents. 2. The learned counsel for the petitioners pray, the learned Prosecutor does not oppose the said prayer on condition that the Investigators may be granted reasonable further time 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. B.A.No. 1889 of 2008 2 5. In the result: 1) These applications are 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 and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm