IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Bail Appl..No. 1893 of 2008() ----------------------------- CRIME NO.184/08 OF THRIKKAKKARA POLICE STATION .................... PETITIONERS : ACCUSED 1 & 3 ----------------- 1. AKKU @ AKBAR,AGED 25,S/O.BASHEER, PARAPPATH VEEDU,VADAKKUMBHAGOM KARA, EDAPPILLY VILLAGE. 2. ANOOSH,AGED 20,S/O.POULOSE,MULLOTHU VEEDU,PONEKKARA KARA,EDAPPILLY SOUTH VILLAGE. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1893 of 2008 ------------------------------------- Dated this the 1st day of April, 2008 ORDER Application for regular bail. Petitioners are accused 1 and 3. The crux of the allegations is that the accused persons, altogether 4 in number, had trespassed into the establishment run by the defacto complainant on 03.03.08. They had allegedly taken out from the pocket of the defacto complainant an amount of Rs.6,500/- by use of force. The crime was registered long later on 06.03.08. Till then, the defacto complainant did not allegedly complain because of fear, it is contended. The petitioners were arrested on 06.03.08. They continue in custody from 06.03.08. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. The defacto complainant owes amounts to the petitioners and to avoid such liability, false and vexatious allegations are being raised against the petitioners by the defacto complainant now, submits the learned counsel for the petitioners. In any view of the matter, the petitioners, who have remained in custody from 06.03.08, may now be enlarged B.A.No.1893 of 2008 2 on regular bail subject to conditions, it is prayed. It is further submitted that the petitioners shall abide by any reasonable conditions that this Court chooses to impose in the interests of a fair, efficient and expeditious investigation. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the 2nd accused is a rowdy registered at the local police station. The petitioners have no criminal antecedents, it is conceded. The learned Public Prosecutor also does not dispute the fact that there appears to be some monetary dispute between the petitioner and the defacto complainant. Having considered all the relevant inputs, I am satisfied that the petitioners can be granted regular bail now subject to appropriate terms and conditions. 4. 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 only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioners shall make themselves available for B.A.No.1893 of 2008 3 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) Except for the purpose of complying with condition (ii) above, the petitioners shall not enter the jurisdiction of Thrikkakkara Police Station until further orders without the prior permission of the learned Magistrate. (R.BASANT, JUDGE) rtr/-