IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Bail Appl..No. 1529 of 2008() ----------------------------- CRIME NO. 28/08 OF PERUMPADAPPU POLICE STATION CMP.356/2008 of MUNI-MAGI.COURT,PONNANI .................... PETITIONERS/ACCUSED NO.6 ----------------------------------------- BANASEER, S/O.MUHAMMEDALI, AGED 32 YEARS, KANDAKOTT HOUSE, AJMEER NAGAR, PUTHIYIRUTHI, PALAPETTY, PONNANI, MALAPPURAM DISTRICT. BY ADV. SRI.M.J.SANTHOSH RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1529 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of March, 2008 O R D E R Application for regular bail. The petitioner faces allegations as the 6th accused in a crime registered alleging offences punishable, inter alia, under Sections 394 and 308 r/w. 149 I.P.C. The defacto complainant, an influential political functionary, along with some others were allegedly trvelling in a car on 8.2.2008. They were proceeding along the High Way. It is alleged that their car alone was stopped by the accused and money was demanded. They refused to pay. They were dragged out of the car and attacked. Amounts and articles were taken away by use of force. Accused 1 and 4 others are named in the F.I.R. The petitioner is not named in the F.I.R. The first accused was subsequently arrested. The petitioner has no criminal antecedents. He has also been arrayed as an accused and he was arrested on 28.2.2008. He continues in custody from that date. B.A.No. 1529 of 2008 2 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He was not among the persons who had allegedly indulged in the culpable indiscretion. The very version is uninspiring and cannot satisfy the elementary doubts and curiosity of a reasonably prudent person, submits the counsel. Why were the victims attacked? Was any donation demanded from the passers by? Was it because of the defacto complainant refused to pay such amounts that they were attacked or was it because of any prior animosity that the victims were attacked? Was it only a case of pure High Way robbery that resulted in the attack on the victims? No satisfactory answers are forthcoming, it is contended. Investigation is in progress. 3. At this early stage of investigation I shall carefully avoid any detailed discussion on merits about the acceptability of the allegations or the credibility of the data collected. The learned Prosecutor does not oppose the application and I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. 4. In the result: 1) This application is allowed. B.A.No. 1529 of 2008 3 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 12 noon on all Mondays and Fridays for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm