IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 Bail Appl..No. 723 of 2008(S) ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.218/2008 CRIME NO.60/07 OF MAVELIKKARA POLICE STATION .................... PETITIONER : 2ND ACCUSED ---------------------------- SUNIL KUMAR, AGED 30 YEARS, S/O.SUKUMARAN, SUNIL BHAVAN, NELLIMUKAL, KADAMPANAD NORTH MURI, KADAMPANAD, ADOOR. BY ADV. SRI. K.SHAJ RESPONDENTS: STATE ------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.723 of 2008 ------------------------------------- Dated this the 8th day of February, 2008 ORDER Application for regular bail. Petitioner in this crime faces allegations under Section 379 I.P.C. The crux of the allegations in this crime is that theft of a car was committed from the possession of the victim/defacto complainant on 13.02.07. 2. The petitioner was arrested with the car in question in which contraband liquor was being transported. That detection was made and the petitioner was arrested on 17.10.07. In the course of investigation it was revealed that the car used for transportation of liquor is the stolen car involved in this case. The petitioner continues in custody from 17.10.07. His arrest in this crime has been recorded only on 18.12.07. 3. Investigation is not complete. The learned Public Prosecutor submits that there is no prospect of the investigation being completed on an earlier date. Investigation cannot be completed within the period of 60 days from the date on which the arrest in this crime has been recorded, submits the learned Public Prosecutor. In these circumstances, the learned Public B.A.No.723 of 2008 2 Prosecutor submits that the State has no objection in the regular bail being granted to the petitioner on expiry of the period of 60 days from the first remand. 4. Having considered all the relevant inputs, I am persuaded to agree that the petitioner can be granted regular bail now subject of course to appropriate terms and conditions. 5. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall not be released on the strength of this order prior to 16.02.2008. The Investigators must in the meantime make every endeavour to complete the investigation; ii) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees One lakh 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 3 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) rtr/- B.A.No.723 of 2008 3