IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 Bail Appl..No. 937 of 2008(B) ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.374/2008 CRIME NO.485/07 OF AROOR POLICE STATION .................... PETITIONER : ACCUSED NO.2 ----------------------------- BENNY, AGED 19 YEARS, S/O.LATE JOHN POOTHOTTU VEEDU, POST OFFICE JUNCTION MULLAMPADY, THIRUVAMPADY PANCHAYATH KOZHIKODE DISTRICT. BY ADV. SRI.P.B.ASOKAN SRI.R.VINU RAJ RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, CHERTHALA THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------- B.A. NO. 937 of 2008 ------------------------------------------- Dated this the 19th day of February, 2008 ORDER Application for regular bail. The petitioner faces allegations in a crime registered for offences punishable, inter alia, under Secs.364 and 394 of the IPC. The alleged incident took place on the night of 23/11/07. The petitioner was arrested on 24/11/07. He continues in custody from that date. An earlier application for regular bail filed by the petitioner was dismissed as per the order dated 23/1/08 in B.A.No.374/08. I have adverted to the facts in detail in the said order. This order must be read in continuation of the said order. I am hence not adverting to the facts in any greater detail in this order. 2. Investigation is not complete. Final report has already been filed. A period of 90 days from the date of the first remand would expire on 21/2/08. The petitioner has no criminal antecedents also, it is reported. B.A. NO. 937 of 2008 -: 2 :- 3. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that the Investigator is granted the full complement of 90 days to complete the investigation and I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. 3. In the result: (a) This application is allowed. The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall not be released from custody on the strength of this order prior to 21/2/08. The Investigator shall, 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 on all Mondays and B.A. NO. 937 of 2008 -: 3 :- Fridays between 10 a.m. and 12 noon for a period of three months from the date of his release or till the final report is filed whichever is earlier. (R. BASANT, JUDGE) Nan/