IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 26TH APRIL 2011 / 6TH VAISAKHA 1933 Bail Appl..No. 3092 of 2011() --------------------------------------- CRIME NO.25/2011 OF KASARAGOD POLICE STATION. .................... PETITIONER/ACCUSED 1 TO 4 & 6: UNDER CUSTODY ---------------------------------------------------------------------------- 1. PARAS @ PAROSH, PRADEEP, MEEPUKUZHI, KUDLU VILLAGE, KASARAGOD DISTRICT. 2. KIRAN KUMAR, S/O.SIVA, KELUKUNDE, KUDLU VILLAGE, KASARAGOD DISTRICT. 3. DINESH, S/O.JAYENDRA, MEEPUKUZHI, KUDLU VILLAGE, KASARAGOD DISTRICT. 4. K. SUDHEER KUMAR, S/O.KRISHNA, K.C. COMPOUND, PACHIKKAD, KUDLU, KASARAGOD DISTRICT. 5. ANJU @ AJITH KUMAR, S/O.RAGHAV, KEEZHUKUNDE, KUDLU, KASARAGOD. BY ADV. SRI.M.RAMESH CHANDER, SMT.K.A.SANJEETHA, SRI.ANEESH JOSEPH. RESPONDENT/STATE ------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S. GOPINATHAN, J. ........................................... B.A.NO.3092 OF 2011 ............................................. Dated this the 26th day of April, 2011. O R D E R This is a petition seeking an order to release the petitioners, who are accused 1 to 4 and 6 in Crime No.25/2011 of Kasaragod Police Station, on bail. The offences alleged against the petitioners are under Sections 324, 153(A), 302,201 and 120 B read with Section 34 IPC. Accused 1 and 2 were arrested on 16.1.2011. Accused 3 and 4 were arrested on 12.1.2011 and 6th accused was arrested on 7.2.2011. 2. The learned Public Prosecutor strongly opposes the petition on the allegation that an earlier petition was dismissed by this Court on 5.4.2011 and that the investigation is still in progress and that there is no change in circumstance. Since it is revealed that 90 days is over after the arrest of accused 1 to 4, I find that they are entitled to be released on bail. In the above circumstances this petition is allowed in part. Petitioners 1 to 4 shall be released on bail on B.A.NO.3092 OF 2011 : 2 : executing bonds for Rs.50,000/= each with two solvent sureties each for the lime sum to the satisfaction of the Judicial Magistrate of the First Class, Kasaragod. The petition for bail filed by the 5th petitioner is dismissed with liberty to file a fresh petition after 90 days of arrest of the 5th petitioner. P.S. GOPINATHAN, JUDGE. cl