IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1885 of 2008() ----------------------------- AGAINST THE ORDER DATED 07/02/2008 IN CMP 1038/2008 IN CMP.1037/2008 of J.M.F.C.-I,NEDUMANGAD CRIME NO.24/08 OF VATTAPPARA POLICE STATION .................... PETITIONERS : ACCUSED 1 AND 2 ----------------- 1. GANESAN, S/O.VELUNNI, SARASWATHI MANDIRAM, MATTAMMCODU, VETTINADU MURI, VEMBAYAM VILLAGE (AT THYUKAMBU PANICKER HOUSE, VENDIDANGU VILLAGE, CHAMBAKKADU TALUK, THRISSUR DISTRICT. 2. JAYAN, S/O.RAGHAVAN PILLAI, KEEZHEKUNNUM PURETHU VEEDU, KANADODE, KANACODE WARD, VATTAPPARA VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: ------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1885 of 2008 ------------------------------------- Dated this the 26th day of March, 2008 ORDER Second application for regular bail. Petitioners face allegations in a crime registered under the Kerala Abkari Act. They were allegedly found to be in possession of 42 litres of spirit on 02.02.08. Their earlier application for regular bail was dismissed by this Court. The petitioners renew their prayer for grant of regular bail. The petitioners have no history of any criminal antecedents, reports the learned Public Prosecutor . The learned Public Prosecutor submits that investigation is not complete and final report is unlikely to be filed by 02.04.08, the date on which the petitioner shall be entitled to bail by default if the final report is not filed by then. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigator is given the full complement of 60 days to complete the investigation and I am satisfied that the petitioners can be directed to be released on bail subject to appropriate terms and conditions. B.A.No.1885 of 2008 2 3. In the result, this application is allowed. The petitioners shall be released on bail on the following terms and conditions. i) The petitioners shall not be released on the strength of this order prior to 02.04.2008. 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/-