IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 Bail Appl..No. 3730 of 2010() ----------------------------- CRIME NO.519/2010 OF KASARAGODE POLICE STATION .................... (S): PETITIONERS/ACCUSED 1 TO 3 ---------------------------------------------- 1. K.DINESHAN, S/O.BABU, AGED 29 YEARS, RESIDING NEAR CHAMUNDESWARI, PERNADKA, KASARGOD. 2. RINEESH, S/O.CHUKRA, AGED 23 YEARS, RESIDING NEAR CHAMUNDESWARI, PERNADKA, KASARGOD. 3. M.MANOJ, S/O.NARAYANAN, AGED 23 YEARS, RESIDING AT THOTTIMAJAL, MADHUR VILLAGE, KASARGOD. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): STATE -------------------- STATION HOUSE OFFICER, KASARGOD POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3730 of 2010 ---------------------------------------------- Dated 21st June, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 323, 324, 307 and 120B read with Section 149 of the Indian Penal Code. According to prosecution, on 15.5.2010, at about 11 p.m., petitioners(accused nos.1 to 3) along with another assaulted defacto complainant using knife, stone etc. and he sustained serious injuries. The offences were committed in pursuance of a conspiracy. 3. Learned counsel for petitioners submitted that petitioners were not implicated as per the first information statement. The name of four persons were referred to in the F.I. statement, who are stated to be known to defacto complainant and according to him, those persons had stabbed him and hit him with stone etc. Petitioners' names were not mentioned in the F.I. statement and defacto complainant had no case that any persons other than the five persons stated in the F.I. statement were involved. Petitioners are subsequently brought to the array of BA NO. 3730/10 2 accused. It is also submitted that one of the accused, who was referred to in the F.I. statement was granted bail by this Court, as per Annexure 2 order. Petitioners were arrested on 16.5.2010 and they are in custody for the past 36 days. 4. This petition is opposed. Learned Public Prosecutor submitted that the role of 4th accused is different from the role of the other accused. That is the reason why bail was granted to him. But, as per the materials in the case diary, petitioners are the persons who had assaulted defacto complainant. 5. On hearing both sides and on going through the case diary, particularly the F.I. statement, I am inclined to grant bail to petitioners on conditions. Hence, the following order is passed : Petitioners shall be released on bail on their executing bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioners shall report before the BA NO. 3730/10 3 Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioners shall not enter the limits of the police station, within which crime is registered, except for compliance of condition No.1. (iii) Petitioners shall not influence or intimidate any witness or tamper with evidence. Petition is allowed. K.HEMA, JUDGE. tgs