IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 Bail Appl..No. 283 of 2008() ---------------------------- CRIME 797/07 OF HOSDURG POLICE STATION PETITIONER/ACCUSED NO.1,2 AND 3 ------------------------------------------------ 1. MITHLAJ M.S., S/O. HASSAN, AGED 20 YRS, MADIYAN, AJANOOR VILLAGE. 2. FAIZAL B.A., S/O. ABDULKHADER, AGED 26 YEARS, MANIKOTH, AJANOOR VILLAGE. 3. ROUF P., S/O. MABIN, AGED 23 YEARS, MADIYAN, AJANOOR VILLAGE. BY ADV. SRI.C.MURALIKRISHNAN (PAYYANUR) RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 283 OF 2008 ```````````````````````````````````````````````````` Dated this the 18th day of January, 2008 O R D E R Application for regular bail. Petitioners are accused Nos.1 to 3. Altogether there are six accused persons. No accused is named in the FIR. On account of prior animosity, the accused persons, who belong to Indian Union Muslim League, have allegedly attacked the victims - three injured persons who belong to CPI(M). The alleged incident took place on 23.12.07. In the course of investigation, the identity of the miscreants was ascertained. All the petitioners were arrested on 5.1.08. They continue in custody from that date. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigating officer is granted reasonable further time to complete the investigation and I am satisfied BA.283/08 : 2 : that the petitioners can now be directed to be released on bail subject to appropriate conditions. 3. In the result, this petition is allowed. The petitioners shall be enlarged on bail on the following terms and conditions:- i) The petitioners shall not be released on bail on the strength of this order prior to 23.1.08. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) The petitioners shall execute bonds for Rs.50,000/- (Rupees fifty thousand 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 and Fridays for a period of one month from the date of their release and thereafter as and when directed by the investigating officer in writing to do so. BA.283/08 : 3 : iv) During the said period of one month, the petitioners shall not enter the jurisdiction of Hosdurg police station without prior permission of the learned Magistrate except for the purpose of complying with condition No.(iii) above. (R.BASANT, JUDGE) aks