IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Bail Appl..No. 1035 of 2008() ----------------------------- CMP NO.971/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1 KASARAGOD CRIME NO.688/2007 OF KASARAGOD POLICE STATION PETITIONER/ACCUSED ------------------------ SHAMEER,AGED 24 YEARS S/O.,MUHAMMED HAJI, RASILA MANZIL, ERIYAL HOUSE, NEAR VILLAGE OFFICE, KUDLU VILLAGE, KASARGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENTS: ------------- STATE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR, SRI JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1035 of 2008 ------------------------------------- Dated this the 22nd day of February, 2008 ORDER Application for regular bail. Petitioner is the 3rd accused. He faces allegations in a crime registered under Section 308 I.P.C. Four named persons and 3 others are arrayed as accused. The petitioner is one of the 4 persons named in the F.I.R. The incident took place on 16.10.07. The petitioner along with co-accused had come to this Court and by order dated 29.10.07 in B.A.No.6520 of 2007, the prayer for anticipatory bail of the petitioner was rejected. The petitioner was arrested on 07.02.08. He continues in custody from that date. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigator is given reasonable further time to complete the investigation and I am satisfied that the petitioner can now be directed to be released on bail subject to appropriate terms and conditions. 3. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. B.A.No.1035 of 2008 2 i) The petitioner shall not be released on the strength of this order prior to 03.03.2008. The Investigators shall in the meantime make every endeavour to complete the investigation; ii) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; iii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of 2 months from the date of his release and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-