IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Bail Appl..No. 34 of 2008() --------------------------- CMP.8352/2007 of J.M.F.C.-I,TRIVANDRUM CRIME NO.478/07 OF SREEKARYAM POLICE STATION. .................... PETITIONERS/A2, A5 TO A7 ----------------------------------------- 1. RAM KISHORE, (A2) S/O.KRISHNA PILLA, AVITTOM VEEDU, VINAYAKA NAGAR, KALLAMPALLY, EDAVAKODE WARD, ULLOOR VILLAGE. 2. PREMAKUMAR @ PREMAN, (A5) S/O.PARAMESWARAN PILLA, DWARAKA, T.C.9/651, VINAYAKA NAGAR, EDAVACODE WARD, ULLOOR VILLAGE, NOW RESIDING AT TANKNAD MRAP-5 NEAR S.B.T BANK EMPLOYEES HALL, SECRETARIAT WARD, VANCHIYOOR VILLAGE. 3. PRASANTH @ JANARIYAN (A6) S/O.SANTHI DEV, MULAYIL ATTARATHALA VEEDU, KALLAMPALLY, EDAVACODE WARD, ULLOOR VILLAGE. 4. SAJEEV @ KOCHU SAJEEV (A7) S/O.RADHAKRISHNAN, PERIYAMADATHIL PUTHEN VEEDU, VINAYAKA NAGAR, KALLAMPALLY, EDAVACODE WARD, ULLOOR VILLAGE. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.SHAJIN S.HAMEED RESPONDENTS: ------------- THE SUB INSPECTOR OF POLICE, SREEKARYAM POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------- B.A. NO. 34 of 2008 ------------------------------------------------- Dated this the 8th day of January, 2008 ORDER Application for regular bail. The petitioners face allegations in a crime registered for offences punishable, inter alia, under Secs.326 and 307 of the IPC. The crux of the allegations is that the accused persons were members of an unlawful assembly of persons, and they in prosecution of their common object, unleashed an attack on the victims – brothers who were travelling on a two wheeler along a public road in broad day light on 10/12/07. The victims were attacked using dangerous weapons. They suffered injuries which include grievous injuries also. Investigation is in progress. The petitioners were arrested on 14/12/07 and 15/12/07. They are accused 2, 5, 6 and 7. Some of the co-accused remain to be apprehended. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent and, at any rate, they, who have been continuing in custody from 14/15.12.2007, may B.A. NO. 34 of 2008 -: 2 :- now be enlarged on bail. 3. The learned Public Prosecutor does not oppose the application on condition that the Investigator is granted reasonable further time to complete the investigation in this crime. I am satisfied, in the facts and circumstances of this case, that the petitioners can now be directed to be released on bail subject to appropriate terms and conditions. It can be ensured that the Investigator gets reasonable further time to complete the investigation. 4. In the result: (a) This application is allowed. The petitioners shall be released on bail on the following terms and conditions: (i) The petitioners shall not be released from custody on the strength of this order prior to 15/1/2008. The Investigator 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 on all Mondays and B.A. NO. 34 of 2008 -: 3 :- Fridays between 10 a.m. and 12 noon for a period of three months from the date of their release and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT, JUDGE) Nan/