IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Bail Appl..No. 1197 of 2008() ----------------------------- CRIME NO. 393/07 OF VENGARA POLICE STATION CMP.4454/2007 of J.M.F.C.,MALAPPURAM .................... PETITIONER/ACCUSED NO.2: ----------------------------------------- PRAKASH, S/O. B.GANAPATHY (LATE), KUMBASI VILLAGE, KUNTHAPURAM, UDUPPI. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, VENGARA POLICE STATION, 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 29/02/2008, ALONG WITH BA NO. 1303 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 1197 & 1303 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of February, 2008 O R D E R The petitioners are accused 1 to 4. They face allegations in a crime registered alleging offences punishable, inter alia, under Sections 120B and 364A I.P.C. One person by name, Razack, was found missing from 5.11.2007. A crime was registered under the caption 'man missing' on 8.11.2007. The petitioners were found keeping the custody of the missing person when he was rescued on 6.12.2007. They were arrested and they continue in custody from 6.12.2008. The petitioners had come to this Court with earlier applications for regular bail and I have already adverted to facts in detail in such applications. The petitioners pray that they may now be enlarged on bail, they having remained in custody from 6.12.2007. 2. The learned Prosecutor does not oppose the application. He reports that the final report has already been filed. Copy of the final report is not made available. The ranks of the accused B.A.Nos. 1197 & 1303 of 2008 2 have been re-arranged, it is submitted. But as the final report is not available, I am referring to the accused as per the ranks assigned earlier. 3. I am satisfied that the petitioners can be granted regular bail, subject of course 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.1,00,000/- (Rupees one lakh 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 Saturdays 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. © The petitioners shall furnish to the Investigating Officer the address of their place of residence within seven days of the date of B.A.Nos. 1197 & 1303 of 2008 3 their release and shall continue to keep the Investigating Officer informed of such change of address, if any, from time to time. (R. BASANT) Judge tm