IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 Bail Appl..No. 1182 of 2008(T) ------------------------------ CRIME 62/08 OF VADAKKEKARA POLICE STATION .................... PETITIONERS/ ACCUSED NOS.2 AND 3 ------------------------------------ 1. THOMAS @ KAKKATHOMMAN, AGED 24 YEARS S/O.JACOB, KALATHIL HOUSE, CHETTIKKADU MOOTHAKUNNAM. 2. RATHEESH @ KANNAN, AGED 29 YEARS S/O.VENU, KATTIPARAMBIL HOUSE, KOCHANGADI KARA CHENDAMANGALAM. BY ADV. SRI.MANSOOR.B.H. RESPONDENTS: COMPLAINANT AND STATE ---------------------------------- 1. STATION HOUSE OFFICER VADAKKEKARA POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1182 OF 2008 E ```````````````````````````````````````````````````` Dated this the 27th day of February, 2008 O R D E R Application for regular bail. Petitioners are accused Nos.2 and 3. Altogether there are 12 accused persons. They face allegations in a crime registered alleging commission of offences punishable, inter alia, under section 307 read with 149 IPC. The alleged incident took place on 26.1.08. The petitioners owe allegiance to the CPI(M). The victims allegedly belong to the BJP. Political animosity is the alleged motive. There are three injured persons. The petitioners were arrested on 28.1.08. They continue in custody from that date. There is a counter case also registered, it is submitted. 2. The learned counsel for the petitioners prays the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners, who are remaining in custody from 28.1.08, can now be enlarged on bail subject to appropriate terms and conditions. BA.1182/08 : 2 : 3. In the result, this petition is allowed. The petitioners shall be enlarged on bail on the following terms and conditions:- i) The petitioners shall execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays 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. iii) During the said period of three months, the petitioners shall not enter the jurisdiction of Vadakkekara police station without the prior permission of the learned Magistrate, except for the purpose of complying with condition No.(ii) above. (R.BASANT, JUDGE) aks