IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 19TH MAY 2009 / 29TH VAISAKHA 1931 Bail Appl..No. 2642 of 2009(A) ----------------------------- (CRIME NO.718 OF 2008 OF CHEGANNUR POLICE STATION) PETITIONER/ACCUSED 1 TO 4 --------------------------------------------- 1. RATHEESH, S/O.LATE RAJAN, AGED 25 YEARS, OODIKULATHIN, KARIYIL VEEDU, KEEZHCHERI MURI, CHEGANNUR VILLAGE. 2. RAJEEV, S/O. LATE RAJAN, AGED 29 YEARS OODAKULATHIN KARAYIL VEEDU, KEEZHCHERI MURI, CHEGANUUR VILLAGE. 3. SAJEEV, S/O LATE RAJAN, AGED 27 YEARS, OODAKULATHIN KARIYIL VEEDU, KEEZHCHERI MURI, CHEGANNUR VILLAGE. 4. SUSEELA, W/O. LATE RAJAN, AGED 50 YEARS OODAKULATHIN KARAYIL VEEDU, KEEZHCHERI MURI, CHEGANNUR VILLAGE. BY ADV. SRI.G.PRIYADARSAN THAMPI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY S.I. OF POLICE, CHEGANNUR. MS.K.MEERA, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. S. GOPINATHAN, J. - - - - - - - - - - - - - - - - - - B.A. No. 2642 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of May, 2009. ORDER The petitioners are accused nos.1 to 4 in Crime No.718/2008 of Chengannur Police Station for offences under Sections 308, 324 and 34 of IPC. 2. Apprehending arrest, detention and torture at the hands of the investigating officer, petitioners preferred B.A. No.8056/2008 before this Court and by order dated 12/02/2009 that petition was dismissed. Now the petition is again filed with same prayer to release the petitioners on bail in the event of their arrest. 3. Having heard both sides I find no reason to have a different order. But, taking into account of the fact that the 4th petitioner is reported laid up due to Jaundice, it is hereby ordered that in the event of arrest, the 4th petitioner shall be released on bail on her executing a bond for Rs.30,000/- on condition that the 4th petitioner shall appear before the investigating officer as and when required. Petitioners one, two and three shall surrender before the investigating officer on B.A. No. 2642/2009 2 28/05/2009 at 10 a.m.. The Investigating officer shall interrogate them and shall produce them before the Magistrate Court concerned on the same day and the the learned Magistrate shall consider their application on merit and pass appropriate orders thereon. The petition is partly allowed. P. S. GOPINATHAN, JUDGE scm