IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 Bail Appl..No. 4295 of 2008() -------------------------------------- CRIME NO.244/2008 OF MUKKOM POLICE STATION PETITIONERS/ACCUSED 2, 3 AND 4 : ---------------------------------------------------- 1. PRASAD, S/O CHELLAPPAN, AGED 27 YEARS, PULLYAPARAMBIL HOUSE, VALILLAPUZHA 2. ASSAINAR, S/O MOIDEENKUTTY, AGED 26 YEARS, PANCHILLI HOUSE, VALILLAPUZHA. 3. FAISAI, S/O ABU, AGED 26 YEARS, PULIYPARAMBIL HOUSE, VALILLAPUZHA, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENT/COMPLAINANT : -------------------------------------------- THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, MUKKOM, THROUGH THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. Nos.4295/2008 & 4052/2008 ------------------------------ Dated this the 4th day of July, 2008 ORDER This is an application for bail. 2. The Petitioner in B.A. No. 4052/08 is the 1st accused and petitioners in B.A.No.4295/08 are 2nd, 3rd and 4th accused in the crime. The alleged offences are under Sections 302 read with 34 of IPC. According to the prosecution on 02.05.2008 during the night the deceased Unnichathan was on security duty at the shop of the defacto complainant, 4 persons came in an auto rickshaw and picked up quarrel with the security guard, assaulted him with hands and he sustained internal injuries. On 05.05.2008 he developed pain and he was admitted in the hospital from where he died. 3. Learned Public Prosecutor submitted that investigation is almost over. No weapon was used and hence there is no question of recovery of any weapon. Petitioners are in custody for about one month. Hence he has no objection in granting bail to the petitioners on conditions. B.A. 4295/2008 & 4052/2008 2 Hence petitioners are granted bail on the following terms and conditions:- (i) The petitioners shall execute bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate court concerned. (ii) Petitioners shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioners shall not enter the limits of the Police Station within which the crime is registered except for compliance of the directions in clause (ii) above. (iv) Petitioners shall not influence or threaten or tamper with any witness and in case of breach of this condition, bail is liable to be cancelled. The application is allowed. K.HEMA, JUDGE pac