IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 Bail Appl..No. 887 of 2008() ---------------------------- CRIME NO.381/07 OF CHOKLI POLICE STATION .................... : PETITIONER/ACCUSED 1 TO 3 (UNDER JUDICIAL CUSTODY) ------------------------------------------------------------------- 1. ARUNDAS, S/O.VIJAYAN, AGED 24, CARPENTER, NARIKOTTUKUNNUMMAL P.O. 2. SAJEEVAN, S/O.DAMU, AGED 37, NACHATTIALA HOUSE, P.O.THIRUVANGAD. 3. SHAJITH @ JITHU, S/O.GANGADHARAN, AGED 20, ALUMINIUM FABRICATOR, KUNNUMMAL KOTTAYIL P.O., TEMPLE GATE, THALASSERY. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENTS: COMPLAINANT & FORMAL PARTY --------------------------------------- 1. STATE OF KERALA TO BE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, CHOKLI POLICE STATION, THALASSERY. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.887 of 2008 ---------------------------------------- Dated this the 14th day of February 2008 O R D E R Application for regular bail. The petitioners are accused 1 to 3. Altogether there are 29 accused persons. All the three petitioners are named in the F.I.R. Crime was registered for offences punishable inter alia under Section 307 I.P.C and Section 3 and 7 of the Explosive Substances Act. On account of political animosity, the accused persons, who were members of an unlawful assembly which armed with explosives, allegedly attacked the house of the de facto complainant. Three occupants of the house allegedly suffered injuries. The alleged incident took place on 15/12/2007. The petitioners surrendered on 31/12/2007. 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 adequate safeguards be insisted in the interests of maintenance of law and order in the locality and I am satisfied that regular bail can be granted to the petitioners who have remained in custody from 31/12/2007 subject to appropriate conditions. B.A.No.887/08 2 3. In the result, this petition is allowed. The petitioners shall be released on bail on the following terms and conditions: i) They 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. ii) 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 three months and thereafter as and when directed by the investigating officer in writing to do so. iii) During the said period of three months, the petitioners shall not enter the Sessions Division of Thalassery without the prior permission of the learned Magistrate except for the purpose of complying with condition No.ii) above. (R.BASANT, JUDGE) jsr B.A.No.887/08 3 B.A.No.887/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007