IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Bail Appl..No. 649 of 2008() ---------------------------- CRIME 69/08 OF KUNDARA POLICE STATION PETITIONERS/: ACCUSED: ------------------------- 1. FRANCIS, S/O.JOHN, PARANKIMAMVILA KIZHAKKETHI, KOTTAPPURAM, PERAYAMCHERRY, MULAVANA VILLAGE. 2. KUTTAPPAI @ JOSE, S/O.NAPOLIAN, JOSE BHAVAN, KOTTAPPURAM, PERAYAMCHERRY, MULAVANA VILLAGE. 3. JOSE, S/O.LOMAST, PARANKIMAMVILA VEEDU, PERAYAMCHERRY, MULAVANA VILLAGE. BY ADV. SRI.B.MOHANLAL RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR, KUNDARA POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 649 OF 2008 E ```````````````````````````````````````````````````` Dated this the 4th day of February, 2008 O R D E R Application for regular bail. Petitioners are accused Nos.1 to 3. Altogether there are four accused persons. The alleged incident took place on 20.1.08. All the accused persons, in furtherance of their common intention, had allegedly attacked the de facto complainant. Some prior incident between the son of the de facto complainant and the petitioners is the alleged motive. The petitioners allegedly trespassed into the residential building of the de facto complainant and unleashed an attack on the victims. The victims including a lady. She has suffered grievous injury. Allegations are raised under sections 452, 326 and 308 IPC. The petitioners were arrested on 23.1.08. They continue in custody from that date. 2. The learned counsel for the petitioners prays, the BA.649/08 : 2 : learned Public Prosecutor does not oppose the said prayer on condition that appropriate conditions are imposed and the investigating officer is granted reasonable further time to complete the investigation and I am satisfied that the petitioners can now be directed to be released on bail subject to appropriate conditions. 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 not be released on bail on the strength of this order prior to 11.2.08. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) 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. iii) The petitioners shall make themselves available for BA.649/08 : 3 : interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months from the date of their release and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) aks