IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Bail Appl..No. 2228 of 2008() ----------------------------- CMP.397/2008 of J.M.F.C., KAYAMKULAM CRIME NO.86/08 OF VALLIKKUNNAM POLICE STATION .................... : PETITIONERS/ACCUSED NOS.1,2 & 4: ------------------------------------------------- 1. JOHN, S/O. UNNOONI, PUTHENPURAYIL VEEDU, VALLIKUNNAM MURI, VALLIKKUNNAM VILLAGE. 2. SUNIL, S/O. IDIKULA, KANYEKONIL, VALLIKUNNAM MURI, VALLIKUNNAM VILLAGE. 3. JOY, S/O. UNNOONI, KANYEKONIL, VALLIKUNNAM MURI, VALLIKUNNAM VILLAGE. BY ADV. SRI.K.HARILAL SRI.R.GOPAN RESPONDENTS: COMPLAINANTS: -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VALLIKUNNAM POLICE STATION, VALLIKUNNAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2228 of 2008 ------------------------------------- Dated this the 10th day of April, 2008 ORDER Application for regular bail. Petitioners are accused 1, 2 and 4. Altogether there are 4 accused persons. The 3rd accused has not been arrested yet. The petitioners face allegations for offences punishable, inter alia, under Sections 452 and 308 I.P.C. The learned counsel for the petitioners submits that the allegations under Section 308 I.P.C are not justified at all. At any rate, the petitioners who have remained in custody from 24.03.08, do not now deserve to continue in custody, submits the learned counsel for the petitioners. 2. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor has taken me through the nature of the injuries described in the wound certificate. Having considered all the relevant inputs, I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. 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.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; B.A.No.2228 of 2008 2 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 one month and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-