IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1605 of 2008() ----------------------------- CRIME NO.72/07 OF CHITTUR POLICE STATION, PALAKKAD DISTRICT PETITIONER : ACCUSED NO.9 ----------------------------- YOGESH, AGED 32 YEARS, S/O.KRISHNAN VALIYAVEEDU, THIRUVALATHUR POST, KALLINGAL PALAKKAD TALUK & DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY CIRCLE INSPECTOR OF POLICE, CHITTUR POLICE STATION PALAKKAD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1605 of 2008 ------------------------------------- Dated this the 18th day of March, 2008 ORDER Application for regular bail. Petitioner is the 9th accused. Altogether there are 9 accused persons. They face allegations in a crime registered, inter alia, under Section 307 r/w 149 I.P.C. The alleged incident took place on 03.04.07. Accused 1 to 8 have formed themselves into an unlawful assembly and indulged in culpable overt acts. The petitioner admittedly was not present along with the other miscreants at the scene of the crime. It is alleged that the motive for attack is an earlier attack by the defacto complainant against the petitioner herein and the 1st accused. The alleged incident took place on 03.04.07. The petitioner was arrested and remains in custody from 21.02.08. All the other accused have already been arrested and enlarged on bail, it is submitted. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. B.A.No.1605 of 2008 2 3. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-