IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 Bail Appl..No. 388 of 2008() ---------------------------- CRIME NO. 9 OF 2008 OF KILIMANOOR POLICE STATION PETITIONERS/ACCUSED NO.2 TO 5 ---------------------------------------------- 1. SAJEEV, S/O MOHANAN, AGED 20 YEARS, CHARUVILA PUTHEN VEEDU, ADAYAMON DESOM, PAZHAYAKUNNUMEL VILLAGE. 2. ANIL KUMAR, S/O NANU, AGED 25 YEARS, KUNNIL VEEDU, ADAYAMON DESOM, PAZHAYAKUNNUMEL VILLAGE. 3. SURESH, S/O SREEDHARAN, AGED 27 YEARS, V.S.BHAVAN, ADAYAMON DESOM, PAZHAYAKUNNUMEL VILLAGE. 4. SAJEEV @ KUNJU, S/O SASI, AGED 25 YEARS, THUNDUVILA VEEDU, ADAYAMON DESOM, PAZHAYAKUNNUMEL VILLAGE. BY ADV. SRI.P.M.HABEEB RESPONDENTS: ------------- STATE OF KERALA, REP. BY CIRCLE INSPECTOR OF POLICE, KILIMANOOR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 388 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of January, 2008 O R D E R Application for regular bail. The petitioners are accused 2 to 5. They face allegations for offences punishable, inter alia, under Section 307 r/w. 149 I.P.C. Altogether there are eight accused persons. On account of some prior disagreement between the first accused and the defacto complainant, all the accused persons are alleged to have gone to the house of the defacto complainant and assaulted the defacto complainant, his mother, brother and father. The father of the defacto complainant had suffered serious injuries. He was admitted in the I.C.U. for some period of time. He has now been discharged from the hospital. The alleged incident took place on 6.1.2008. The petitioners have been arrested on 7.1.2008 and they continue in custody from that date. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. The learned counsel points B.A.No. 388 of 2008 2 out that the marriage of the third accused is scheduled to take place on 28.1.2008. The said marriage was fixed long earlier. The petitioners have remained in custody from 7.1.2008. Subject to any appropriate conditions, this Court may now be pleased to direct release of the petitioners on bail, prays the learned counsel. 3. The learned Prosecutor submits that in view of the peculiar facts and circumstances of the case, appropriate and sufficient conditions may be imposed in the interests of a fair and efficient investigation as also in the interests of maintenance of law and order in the locality. The learned Prosecutor points out that this incident has given rise to strain in the relationship between the Ezhava and Kurava communities, to which the rival contestants belong. Appropriate safeguards may be provided, submits the Prosecutor. 4. Having considered all the relevant inputs, I am satisfied that the petitioners can now be granted regular bail, subject to appropriate terms and conditions. 5. In the result: 1) This application is allowed. B.A.No. 388 of 2008 3 2) The petitioners 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 Mondays between 10 a.m. and 1 p.m. for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (c) During the said period of three months, the petitioners shall not, except for the purpose of complying with condition (b) above, enter the jurisdiction of Kilimanoor police station without the prior permission of the learned Magistrate. (R. BASANT) Judge tm