IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Bail Appl..No. 2711 of 2008() ---------------------------------------- AGAINST THE ORDER DATED / / IN CMP 4985 2008 IN CMP.4984/2008 of J.M.F.C.,CHALAKUDY CRIME NO.268/2008 OF CHALAKUDY POLICE STATION .................... PETITIONERS/ACCUSED NOS. 2,3 & 4 ------------------------------------------------- 1. KANNAN @ KARUVAN KANNAN, S/O.KUMARAN, KARIYATTUPARAMBIL HOUSE, ALOOR VILLAGE, PORUNNAMKUNNU. 2. DAVIS, S/O.JOSEPH, PUTHENPURAKKAL HOUSE, KIZHEKKE CHALAKUDY VILLAGE, CHENATHUNADU. 3. SURESH KUMAR, S/O.VELAPPAN, KOCHUVALAPPIL HOUSE, MURINGOOR THEKKUMMURI VILLAGE, ATTAPPADAM. BY ADV. SRI.A.C.DEVY RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2711 of 2008 ------------------------------------- Dated this the 2nd day of May, 2008 ORDER Application for regular bail. Petitioners are accused 2 to 4. Altogether there are 6 accused persons. The petitioners face allegations under Section 27 of the Arms Act. On 08.04.08, the petitioners along with co-accused were allegedly armed with dangerous weapons. They were allegedly thirsty to wreak vengeance against a person, belonging to a rival political group, who allegedly had murdered one person belonging to their group. The petitioners were arrested on 08.04.08. The others escaped from the scene. They have not been arrested so far. The petitioners have remained in custody from 08.04.08. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigator be given reasonable further time to complete the investigation and appropriate safeguards be insisted to ensure that there is no threat to the law and order situation in the locality and I am satisfied that the petitioners can now be directed to be released on bail subject to appropriate terms and conditions. B.A.No.2711 of 2008 2 3. In the result, this application is allowed. The petitioners shall be released on bail on the following terms and conditions. i) The petitioners shall not be released on the strength of this order prior to 09.05.2008. 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 3 months from the date of their release and thereafter as and when directed by the Investigating Officer in writing to do so; iv) During the said period of 3 months, the petitioners shall not enter the Sessions Division of Trichur, except for the purpose of complying with condition No.(iii) above, without the prior permission of the learned Magistrate. (R.BASANT, JUDGE) rtr/-