IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Bail Appl..No. 1277 of 2008() ----------------------------- CMP.476/2008 of J.M.F.C.-III,NEYYATTINKARA CRIME NO.26/08 OF BALARAMAPURAM POLICE STATION .................... PETITIONERS : ACCUSED 1 TO 4: -------------------------------- 1. RAMESH @ RAJESH, S/O.RAJAYYAN, IDAMANAKUZHY PUTHEN VEEDU, ATHIYANNOOR DESOM, KOTTUKAL VILLAGE, NEYYATTINKARA. 2. SANTHOSH, S/O.GOPALAKRISHNAN, IDAVANAAKKUZHY VAYALIL VEEDU, -DO-. 3. SANDEEP, S/O.RAJU, MANGALATHUKUNAM PALACHAKONAM PUTHUVAL PUTHEN VEEDU -DO-. 4. RAJA @ RAJAYYAN, S/O.KUTTAN NADAR, IDAMANAKKUZHY PUTHEN VEEDU, -DO-, -DO-. BY ADV. SRI.G.SUDHEER RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1277 of 2008 ------------------------------------- Dated this the 3rd day of March, 2008 ORDER Application for regular bail. Petitioners are accused 1 to 4. They face allegations in a crime registered under the Kerala Abkari Act. The petitioners were allegedly found to be in possession of 363 litres of spirit on 14.01.08. They were arrested and continue in custody from that date. The 1st accused has a history of criminal antecedents. The others have no such criminal past, submits the learned Public Prosecutor. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can be directed to be released on bail after giving the investigator the full complement of 60 days to complete the investigation. The learned Public Prosecutor submits that there is no chance of the final report being filed before such date. 3. In the result, this application is allowed. The petitioners shall be released on bail on the following terms and conditions. B.A.No.1277 of 2008 2 i) The petitioners shall not be released on the strength of this order prior to 14.03.2008. The Investigators shall in the meantime make every endeavour to complete the investigation; ii) The petitioners shall execute bonds for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; iii) The petitioners shall make themselves 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 their release and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-