IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Bail Appl..No. 7022 of 2008() ----------------------------- CRIME NO.641/08 OF BALUSSERY POLICE STATION PETITIONERS/ACCUSED 3 AND 5 ------------------------------------------------ 1. SREESANTH, S/O SREEDHARAN, MUKKUMMAL, AVIDANALLOOR AMSOM DESOM. 2. SANTHOSH KUMAR, S/O BALAN, KOTTAKKUMMAL VEEDU, AVIDANALLOOR AMSOM DESOM. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- 1. SUB INSPECTOR OF POLICE, BALUSSERY POLICE STATION, BALUSSERY. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.7022 of 2008 ----------------------------------------- Dated this the 17th November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 323, 324, 326 and 308 read with 149 of the Indian Penal Code. According to prosecution, petitioners (accused 3 and 5), along with other accused, formed into an unlawful assembly and assaulted de facto complainant. Granite stone was used and he sustained injury. 3. Learned counsel for petitioners submitted that accused 1, 2 and 4 were granted bail by this Court as per order dated 7.11.2008 in B.A.No.6760/2008. 4. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioner. Hence, bail is granted to petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the investigating officer on every Monday and Thursday between 10 AM and 1 PM until further orders. BA.7022/08 2 iii). Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.