IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 Bail Appl..No. 5168 of 2008() ----------------------------- CRIME NO.264/2008 OF VELLIKULANGARA POLICE STATION THRISSUR DISTRICT PETITIONERS/ ACCUSED1, 2, 4 TO 6:- ---------------------------------------- 1. BIJU @ BIJUKUTTAN, S/O.DAMODARAN, PARAKKAL HOUSE, NADIPARA, MATTATHUR. 2. SUBASH, S/O. SUNDARAN, KUNNUMMEL HOUSE, NADIPARA, MATTATHUR. 3. RANJITH, S/O. SIVAN, KALARIKKAL HOUSE, KORACHAL, MATTATHUR. 4. SUMESH, S/O. SUKUMARAN, MUTHAMBADAN HOUSE, KUNJELIPARA, MATTATHUR. 5. PAULSON, S/O. DEVASSY, MALIAKKAL HOUSE, KORACHAL, MATTATHUR. BY ADV. SRI. NIREESH MATHEW RESPONDENT: COMPLAINANT:- ------------- STATE OF KERALA REPRESENTED BY THE S.I.OF POLICE, VELLIKULANGARA POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/08/2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5168 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of August, 2008 O R D E R Application for bail. 2. The alleged offences are under sections 143, 147, 148, 452, 506(ii), 323, 324 and 308 read with section 149 IPC and 27 of the Arms Act. Petitioners are accused 1, 2, 4 to 6 in the crime. They were arrested on 5-8-2008 and they were remanded to judicial custody. 3. Learned counsel for the petitioners submitted that offence under section 27 of the Arms Act was deleted subsequently on finding that no sword was used for the offence, as alleged by the defacto-complainant. Name of the 3rd accused was also deleted on finding that he had not participated in the offence, though the allegation was that he beat nephew of the defacto-complainant with iron pipe. The petitioners are in custody from 5-8-2008 onwards and they are not required for the purpose of investigation. 4. Learned Public Prosecutor submitted that recovery is already effected. It is conceded that no serious injury was BA 5168/08 -2- caused and hence he has no objection in granting bail to the petitioners on stringent conditions. 5. The petitioners are granted bail on the following terms and conditions:- 1) The petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate. 2) The petitioners shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. 3) The petitioners shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The application is allowed. K. HEMA, JUDGE. mn.