IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Bail Appl..No. 1388 of 2008() ----------------------------- CRIME 25/08 OF VENJARAMOODU POLICE STATION .................... PETITIONERS /ACCUSED 1 TO 3: ------------------------------------------- 1. BIJU @ UNNI, S/O. PUSHPANGATHAN, THOTTUMKARA VEEDU, VAZHAVILA POYIKA, NOOREKKAR, IDATHARA MURI, MANIKAL VILLAGE. 2. SANAL, S/O. SHANMUGHAN, THOTTUKARA VEEDU, VAZHAVILA POYIKA, NOOREKKAR, IDATHARA MURI, MANIKAL VILLAGE. 3. MAHESH @ APPI, S/O. MANOHARAN, THOTTUKARA VEEDU, VAZHAVILA POYIKA, NOOREKKAR, IDATHARA MURI, MANIKAL VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.P.P.BIJU RESPONDENT: COMPLAINANT: ------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1388 OF 2008 A ```````````````````````````````````````````````````` Dated this the 7th day of March, 2008 O R D E R Application for regular bail. Petitioners are accused Nos.1 to 3. Altogether there are three accused persons. The alleged incident took place on 13.1.08. The 3rd accused had eloped with a girl. They came back to their native place on 13.1.08. There were some quarrel and altercations in connection with that elopement. The deceased person had allegedly raised an objection in the course of discussions. Infuriated by that, accused Nos.1 to 3 are alleged to have assaulted the victim who suffered injuries and succumbed to the same later. The petitioners surrendered before the Magistrate on 18.1.08. They have been continuing in custody from that date. The petitioners have been given over to the police custody and returned. They continue to remain in custody from 18.1.08. 2. The learned counsel for the petitioners submits that the petitioners are innocent. Even accepting the entire BA.1388/08 : 2 : allegations, it is easy to come to the conclusion that the incident had taken place not on account of any prior deliberation but occurred when passions were running high consequent to the quarrel. In any view of the matter, the petitioners, who were in custody from 18.1.08, may be enlarged on bail, it is prayed. 3. The learned Public Prosecutor does not oppose the application. He submits that the investigators may be given some further time to complete the investigation. The learned Public Prosecutor further prays that the petitioners may be excluded from the local area in the interests of maintenance of the law and order situation. Appropriate conditions may also be imposed, it is prayed. 4. Having considered all the relevant inputs, I am satisfied that the petitioners can now be directed to be released on bail subject to appropriate conditions. 5. In the result, this petition is allowed. The petitioners shall be enlarged on bail on the following terms and conditions:- BA.1388/08 : 3 : i) The petitioners shall not be released on bail on the strength of this order prior to 18.3.08. The investigators shall, in the meantime, make every endeavour to complete the investigation. ii) 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 the satisfaction of the learned Magistrate. iii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays for a period of three months from the date of their release and thereafter as and when directed by the investigating officer in writing to do so. iv) Except for the purpose of complying with condition No. (iii) above, the petitioners shall not, during the said period of three months, enter the Sessions division of Thiruvananthapuram without the prior permission of the learned Magistrate. (R.BASANT, JUDGE) aks