IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 Bail Appl..No. 893 of 2008() ---------------------------- CRIME NO. 354/07 OF KASABA POLICE STATION AGAINST THE JUDGEMENT/ORDER IN BA.452/2008 .................... PETITIONERS/ACCUSED ---------------------------- 1. OGIEFO GARVIN UMAR ,AGED 28 YEARS, S/O.OGIEFO USMAN,EDO STATE, P.O. BOX 147 ,BENNINCHRY,NIGERIA. 2. PRINCE WILL KENECHUKUV OKAFAR AGED 29 YEARS,S/O.JOHN OKAFAR 6 ADEM FORM CRESENT,ALIMASA BUS STOP LYANAL PAJA,NIGERIA. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE KASABA POLICE STATION,KOZHIKODE. 2. STATE REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 893 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of February, 2008 O R D E R Third application for regular bail. The petitioners were arrested and they remain in custody from 18.11.2007. They face allegations for offences punishable, inter alia, under Section 489 A, B & C and 468 r/w. 34 I.P.C. The earlier applications filed by them were dismissed as per orders dt. 7.1.08 in B.A. 8117 of 2007 and dt.25.1.2008 in B.A.No. 452 of 2008. Facts have been adverted to in detail in those orders. This order must be read in continuation of those orders. I am not hence adverting to facts in any greater detail in this order. 2. Investigation is not complete. There is no immediate prospect of the final report being filed now, submits the learned Prosecutor. 3. The learned counsel for the petitioners prays, the learned Prosecutor does not oppose the said prayer on condition that the Investigator is given the full complement of 90 days to complete the investigation and I am satisfied that the petitioners, B.A.No. 893 of 2008 2 who have remained in custody from 18.11.07 and final report being not been filed so far, can now be directed to be enlarged on bail subject to appropriate terms and conditions. 4. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioners shall execute bonds for Rs.2,00,000/- (Rupees two lakhs 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 three months and thereafter as and when directed by the Investigating Officer in writing to do so. © They shall not leave the State of Kerala without the prior permission of the learned Magistrate. (R. BASANT) tm Judge B.A.No. 893 of 2008 3