IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 Bail Appl..No. 1145 of 2008() ----------------------------- CRIME NO. 28/08 OF VALAPATTANAM POLICE STATION .................... PETITIONER : ACCUSED NO.4 ------------------------ NOUFAL V.K.,,S/O.KHALID, AGED 28 YEARS FAIZAL MANZIL, HAJI ROAD, PAPPINISSERY. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE VALAPATTANAM POLICE STATION 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 25/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1145 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of February, 2008 O R D E R Application for regular bail. The petitioner is the 4th accused. Altogether there are 15 accused persons. The accused face allegations for offences punishable, inter alia, under Section 308 I.P.C. The injured belong to C.P.M. and the accused persons allegedly owed allegiance to NDF. The alleged incident took place on 10.1.2008. The petitioner was arrested on 19.1.2008. On account of political animosity, an attack was made on the victims belonging to the CPM using iron rods. No serious/ grievous injury has been suffered. Had the weapon landed on more vulnerable part of the body, death would have taken place. This is the allegations raised. The petitioner continues in custody from 19.1.2008. One of the co-accused (A6) has been arrested and he has already been enlarged on bail. It is prayed that the petitioner, who remains in custody from 19.1.2008, may now be enlarged on bail subject to appropriate terms and conditions. B.A.No. 1145 of 2008 2 2. Notice was given. The learned Prosecutor does not oppose the application. He only prays that appropriate conditions may be imposed, considering the nature of the dispute, to ensure that there is no possibility of recurrence of the incident. 3. Having considered all the relevant inputs, I am satisfied that the petitioner can be granted regular bail. 4. In the result: 1) This application is allowed. 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) He shall surrender the passport, if any. If there is no passport, an affidavit to that effect shall be filed before the learned Magistrate. (c) He shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. B.A.No. 1145 of 2008 3 and 12 noon for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (b) During the said period of three months the petitioner shall not enter the jurisdiction of Valapatanam Police Station without the prior permission of the learned Magistrate, except for the purpose of complying with condition (c) above. (R. BASANT) Judge tm