IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 Bail Appl..No. 8022 of 2008() ----------------------------- CRMP.3987/2008 of DISTRICT COURT, PALAKKAD CRMP.9581/2008 of J.M.F.C.,CHITTUR CRIME NO.551/2008 OF CHITTUR POLICE STATION PETITIONRS/ACCUSED NO.1 AND 2 ------------------------------------------------- 1. PRABHOSH, AGED 30 YEARS, S/O.SWAMITHAN, THONIPALLAM, THEKKEDESOM, NELLEPPILLY, PALAKKAD DISTRICT. 2. SHIBU, AGED 27 YEARS, S/O.UNNIKRISHNAN, KURUPATHU HOUSE, CHEMBALODE, CHANDRANAGAR, PALAKKAD DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.P.M.RAFIQ RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE C.I.OF POLICE, CHITTUR POLICE STATION. BY P.P. SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 8022 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January,2009 O R D E R Petition for bail. 2. The alleged offences are under sections 143, 147, 342, 328 and 363 read with section 149 IPC. According to prosecution, petitioners (A1 and A2) along with other accused formed themselves into an unlawful assembly and abducted de facto complainant in a car and forcibly gave him liquor and assaulted him, etc. 3. The incident occurred on 10-12-2008 and petitioners were arrested on the same day. Co-accused were granted bail. Learned Public Prosecutor submitted that he has no objection in granting bail on stringent conditions, since co-accused were granted bail. 4. Learned counsel for petitioners submitted that 1st petitioner is handicapped because of the injury sustained by him and he cannot walk without the help of another person and hence, some leniency may be extended to him in reporting before the police. 5. Hence, petitioners shall be released on bail on their executing a bond for Rs.50,000/- each with two solvent sureties BA 8022/08 -2- each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) The 1st petitioner shall report before the Investigating Officer as and when directed and 2nd petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. 2) Petitioners shall not intimidate or influence any witness or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.