IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH SEPTEMBER 2007 / 21ST BHADRA 1929 Bail Appl..No. 5508 of 2007() ----------------------------- CRIME NO. 271/2007 OF MATTANNUR POLICE STATION PETITIONERS/ACCUSED NOS.1 TO 5: ------------------------------------------------ 1. VIPIN RAJ O., S/O. VISWANATHAN, AGED 26 YEARS, KARUMANI VALAPPIL, KANDAMKUNNU AMSOM AND NEERVELI DESOM, THALASSERY TALUK. 2. SINOSH K., S/O.BALAN, AGED 23 YEARS, OLOKKARAN VEEDU, KANDAMKUNNU AMSOM AND NEERVELI DESOM, THALASSERY TALUK. 3. NIJESH N., S/O. MOHANAN, AGED 21 YEARS, CHEMPATTA HOUSE, KANDAMKUNNU AMSOM AND NEERVELI DESOM, THALASSERY TALUK. 4. NAFSAL K., S/O. YOUSUF, AGED 18 YEARS, KOTTARATHIL HOUSE, SIVAPURAM AMSOM, KANCHILERI DESOM,THALASSERY TALUK 5. VINESH C., S/O. GANGADHARAN, AGED 23 YEARS, SREYAS BHAVAN, SIVAPURAM AMSOM, KANHILERI DESOM, THALASSERY TALUK. BY ADV. SRI.S.RAJEEV RESPONDENTS: STATE: ------------------- STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.271/2007 OF MATTANNUR POLICE STATION). BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J = = = = = = = = = = = = = B.A.No. 5508 of 2007 = = = = = = = = = = = = = = Dated this the 12th day of September, 2007 ORDER Application for regular bail. Petitioners are accuses 5 to 9. (not 1 to 5 as stated in the petition, submits the learned Public Prosecutor). They face allegations for offences punishable, inter alia, under Sec.307, 324 and 354 read with 149 IPC. Political animosity is the alleged motive. The petitioners trespassed into the house of the victim and attacked the victim. A woman in the house who interfered was assaulted also, it is alleged. The alleged incident took place on 8.7.07. The arrest was on 11.07.07 The petitioners continue in custody from 11.07.07. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners, who continue in custody from 11.07.2007, can now be enlarged on bail subject to appropriate conditions. 3. In the result, this application is allowed. The petitioners shall be released on bail on the following terms and conditions. i) The petitioners shall execute bonds for Rs.1,00,000/- (Rupees one lakh thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; B.A.No.5508 of 2007 2 ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. iii) The petitioners shall not enter the jurisdiction of Mattannur Police Station during the said period of three months except for complying the condition No.ii above, without the prior permission of the learned Magistrate. (R.BASANT, JUDGE) sj /TRUE COPY/ P.A.TO JUDGE