Yesterday  Judge David McNaughton denied Megaupload founder Kim Dotcom of bail, citing flight risk as the reason, but today granted bail for Bram van der Kolk and Finn Batato because apparently they’re less likely to flee.

“I am mindful of the scale of the offending described in the indictment and that this is the biggest case of its kind prosecuted in the United States,” McNaughton wrote in a statement. “It is safe to assume that substantial terms of imprisonment would be imposed.”

Batato is a German citizen living in Munich, and was only in New Zealand to attend Dotcom’s 38th birthday party.  Van der Kolk, lead programmer of Megaupload, is a citizen of Netherlands residing in New Zealand.  Both men have no criminal convictions on their slates.

Van der Kolk and Batato were arrested last week with Dotcom and Mathias Ortmann for allegedly engaging in a racketeering conspiracy, conspiring to commit copyright infringement, conspiring to commit money laundering, and two substantive counts of criminal copyright infringement.

Dotcom’s lawyer is appealing for his bail ruling while the result of Ortmann’s bail application will be handed down on Friday afternoon in New Zealand.

The US government has 45 days, which started on the day of the arrest, to formally file for extradition of the four accused.  According to the 1999 Extradition Act of New Zealand under the Meaning of extradition offence section, New Zealand prosecutors must prove Dotcom is accused of an offense that would be punishable by at least 12 months in jail in both the U.S. and New Zealand before he can be extradited.