IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 Bail Appl..No. 1064 of 2008() ----------------------------- CRIME NO. 391/07 OF PALAKKAD TOWN SOUTH POLICE STATION AGAINST THE JUDGEMENT/ORDER IN BA.413/2008 Dated 04/02/2008 CRMP.4626/2007 of DISTRICT COURT, PALAKKAD .................... PETITIONER/A2 --------------------------- SIDHARTHAN @ SANJU @ SANJI THOMAS S/O.SOMASEKARAN, ILLATHU PARAMBU, NEAR S.V.COLONY,ERANHIPALAM,KOZHIKODE. BY ADV. SRI.DILIP MOHAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE TOWN SOUTH POLICE STATION PALAKKAD. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1064 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of February, 2008 O R D E R Second application for regular bail. The petitioner is the second accused. Altogether there are five accused persons. They face allegations in a crime registered for offences punishable, inter alia, under Section 395 I.P.C. Accused 1 and 3 to 5 have come to this Court twice for regular bail and their applications were dismissed. The petitioner had joined the co-accused in the second application and his application for regular bail was also refused. 2. The alleged incident took place on 19.12.2007. The petitioner remains in custody from 22.12.2007. Facts have been adverted to in detail in the order dt. 14.1.2008 in B.A. 183 of 2008. All the co-accused were arrested and have already been granted regular bail. The petitioner has no criminal antecedents of involvement in any theft or allied offences. He is an accused B.A.No. 1064 of 2008 2 in a crime registered under Section 420 I.P.C. submits the learned Prosecutor. 3. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that the petitioner, who remains in custody from 22.12.2007, can now be granted regular bail, subject to appropriate terms and conditions. This order must be read in continuation of the earlier order. I am not hence adverting to facts in any greater detail in this order. 4. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) He shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. B.A.No. 1064 of 2008 3 and 12 noon for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm