IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 Bail Appl..No. 320 of 2008() ---------------------------- CRIME NO.419/07 OF THE MUKKAM POLICE STATION .................... PETITIONERS/ACCUSED 1, 3 & 4 --------------------------------------------- 1. MOHAMMED HANEEFA, S/O.HAMZA, EDATHADATHIL HOUSE, PERUMPOOLA, KOODARANHI. 2. FAZALU RAHMAN P., S/O.ABOOBACKER, PUTHIYEDATH HOUSE, NEELESWARAM AMSOM DESOM. 3. MUHAMMED SHARAFUDHEEN M.K. S/O.KUNHAMMED, MAKKAT CHALIL HOUSE, NEELESWARAM AMSOM DESOM. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/01/2008 ALONG WITH B.A.NO.451/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. Nos. 320 & 451 OF 2008 ------------------------------------------------- Dated this the 21st day of January, 2008 ORDER Applications for regular bail. The petitioners are accused 1 to 4 in a crime registered for offences punishable, inter alia, under Sec.392 of the IPC. The alleged incident took place on 10/12/07. The 2nd accused i.e., the petitioner in B.A.No.451/08, had earlier come to this Court with an application for regular bail and this Court, by order dated 4/1/08 in B.A.No.4941/07, had considered his request in detail and rejected the said claim granting liberty to the petitioner to move this Court again for bail at a later stage of the investigation – not prior to 18/1/08. Accordingly, B.A.No.451/08 has been filed. The other petitioners are approaching this Court for the first time. All of them remain B.A. Nos. 320 & 451 OF 2008 -: 2 :- in custody from 10/12/07. 2. B.A.No.451/08 is taken up today for hearing at the request of the learned counsel for the petitioner as it relates to the same crime in which B.A.No.320/08 is filed. 3. I have adverted to the facts in detail in the earlier order. This common order must be read in continuation of the said order. I am hence not adverting to the facts in any greater detail in this order. 4. The learned Public Prosecutor submits that the final report has already been filed. It is further submitted that the investigation did not reveal that the petitioners have any criminal antecedents also. I am, in these circumstances, satisfied that subject to appropriate conditions, the petitioners can be released on bail. 5. In the result: (a) These applications are allowed. (b) The petitioners shall be released on bail on the following terms and conditions: (i) The petitioners shall execute bonds for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioners shall make himself available for B.A. Nos. 320 & 451 OF 2008 -: 3 :- interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (R. BASANT, JUDGE) Nan/