IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 23RD DECEMBER 2008 / 2ND POUSHA 1930 Bail Appl..No. 7789 of 2008() ----------------------------- CRIME NO.1789/08 OF N.PARAVUR POLICE STATION PETITIONERS/ ACCUSED NOS. 2 TO 4: ------------------------------------------ 1. SARIN, AGED 20 YEARS,S/O.MUKUNDAN, PARAYIL HOUSE, KEDAMANGALAM KARA, PARAVUR. 2. LENIN.T, SUKUMARAN, S/O.SUKUMARAN, CHAPPAYIPARAMBU, NANDYATTUKUNNAM, PARAVUR. 3. SAJI VARGHESE, S/O.VARGHESE, KULIYILAKUDI HOUSE, AISWARYA LANE, PARAVUR. BY ADV. SRI.MANSOOR.B.H. RESPONDENT: COMPLAINANT: -------------------------------- STATE OF KERALA, REP.BY P. PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.12.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.C.HARI RANI, J. - - - - - - - - - - - - - - - - - BAIL APPLICATION NO. 7789 OF 2008 - - - - - - - - - ----------------------- - - - - - - DATED THIS THE 23RD DAY OF DECEMBER , 2008 O R D E R In this Petition filed under Sec.439 Cr.P.C. the petitioners who are accused Nos.2 to 4 in Crime No.1789/08 of N.Paravur Police Station, for the offences punishable under Sections 143, 147, 148, 506(ii), 324, 326 and 308 read with Section 149 of I.P.C., seek their enlargement on bail. 2. The allegation is that on 5.12.2008 at 9 pm., the petitioners along with other accused attacked the defacto complainant using wooden reaper and wooden sticks and thereby the defacto complainant sustained injuries. 3. Heard the learned counsel appearing for the petitioners and the learned Public Prosecutor. It is submitted by the learned counsel for the petitioners that this is a politically motivated crime and the petitioners also sustained injuries in the counter attack in respect of which no crime has been registered and that the defacto complainant sustained only minor injuries. Further, the ingredients under Section 308 IPC are not attracted and that the petitioners are in custody from 7.12.2008 onwards. 4. This petition is opposed by the learned Public Prosecutor and submitted that accused Nos.1, 5 and 6 are yet to be arrested and that investigation of the case is not completed. Further, three persons were sustained injuries in the incident, including the defacto complainant. 5. Considering the facts and circumstances of this case, I find B.A.NO.7789/08 2 that continued detention of the petitioners who are admittedly students will not serve any purpose and this petition can be allowed on conditions. Accordingly, the petitioners are directed to be released on bail on each of them executing a bond for Rs. 20,000/- (Rupees twenty thousand only) with two solvent sureties each for the like amount to the satisfaction of the concerned Magistrate and subject to the following conditions: 1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Sundays, till the investigation is over. 2. The petitioners shall make themselves available for interrogation as and when required by the Police, till the filing of the final report. 3. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. The petitioners shall not commit any offence while on bail. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. M.C.HARI RANI, JUDGE. dsn