IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 Bail Appl..No. 1028 of 2008() ----------------------------- CRIME NO.70/08 OF KALADY POLICE STATION .................... PETITIONER/9TH ACCUSED --------------------------------------- JOHNSON, AGED 40 YEARS, S/O.VAREED, INJACKA HOUSE, COMPANYPPADY BHAGAM, NEELESWARAM KARA, KALADY VILLAGE, (NOW RESIDING AT NEAR MARSLEEVA FERNA CHURCH, VADAKKUM BHAGAM, MANJAPRA. BY ADV. SRI.C.D.JOHNY SRI.MEREENA JOSEPH JOSEPH RESPONDENTS: COMPLAINANT ------------------------ S.I. OF POLICE, KALADY POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/02/2008 ALONG WITH B.A.NO.1088 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. Nos. 1028 & 1088 OF 2008 ------------------------------------------------- Dated this the 26th day of February, 2008 ORDER Applications for regular bail. The petitioners are accused 3, 4 and 9. They face allegations under Sec.402 of the IPC. On 27/1/08 a Scorpio car with 9 persons inside the car under suspicious circumstances was allegedly intercepted by the police officials. All the 9 persons including the petitioners were apprehended. The search of the Scorpio car led to the recovery/seizure of a sword stick. Some of other miscreants – other than the petitioners herein, had criminal antecedents to their credit. The police, in these circumstances, came to the conclusion that the accused have committed an offence punishable under Sec.402 of the IPC. All the 9 accused persons were arrested. They continue in custody from that date. B.A. Nos. 1028 & 1088 OF 2008 -: 2 :- 2. The learned counsel for the petitioners submit that even if the entire allegations were accepted, the petitioners are entitled to be treated differently than the other accused as admittedly there is no semblance of an allegation even that the petitioners are involved in any other crimes. The petitioners shall abide by any appropriate conditions that is imposed. The petitioners may, in these circumstances, be released on regular bail, it is prayed. 3. The learned Public Prosecutor does not oppose the application for grant of bail; but only prays that the Investigators may be given some further time to complete the investigation. It is further prayed that appropriate conditions may be imposed to ensure that the petitioners are available for trial and do not repeat the offence while they are granted bail. 4. I am satisfied, in these circumstances, that the petitioners can be granted regular bail subject to appropriate terms and conditions. 5. In the result: (a) These applications are 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 6/3/08. The Investigators B.A. Nos. 1028 & 1088 OF 2008 -: 3 :- shall, in the meantime, make every endeavour to complete the investigation. (ii) The petitioners shall execute bonds for Rs.50,000/- 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 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. (iv) The petitioners shall not leave the Sessions Division of Ernakulam without the prior permission of the learned Magistrate. They shall, within 7 days, inform the Investigating Officer of the address of their place of residence within the Sessions Division of Ernakulam and shall continue to keep the Investigating Officer informed of any change in such address from time to time. (R. BASANT, JUDGE) Nan/ B.A. Nos. 1028 & 1088 OF 2008 -: 4 :-