IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 Bail Appl..No. 540 of 2008() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.7957/2007 Dated 09/01/2008 CRIME NO.652/2007 OF CHATHANNORE POLICE STATION .................... : PETITIONERS/ACCUSED NOS.1-3 -------------------------------------------- 1. OMANAKUTTAN PILLAI, S/O.GOPALAKRISHNA PILLAI, RASHTRA BHAVANAM, NEDUMPANA CHERRY, NEDUMPANA VILLAGE. 2. AVINASH @ VAVA, S/O.BALAN, REVATHY VILASOM, KATTOOR. 3. SADASIVAN, S/O.KARUNAKARAN, VADAKKEYATTATHU VEEDU, NEDUMPANA CHERRY, NEDUMPANA VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 652 OF 2007 OF CHATHANNORE POLICE STATION). BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.540 of 2008 ---------------------------------------- Dated this the 31st day of January 2008 O R D E R Second application for regular bail. The petitioners are accused 1 to 3. They face allegations in a crime registered under Section 302 I.P.C. The facts have been adverted to in detail in the earlier order dated 09/01/2008 in B.A.No.7957 of 2007. No weapon is used for attack. Beating with hands and kicking with leg is the primary allegation. Of course, there is a further allegation that a helmet was also allegedly used in the course of the incident against the deceased. The deceased was not admitted to the hospital on the date of the incident. On the next day, he was admitted to the hospital and he breathed his last also on 07/12/2007. The F.I statement was lodged on 08/12/2007. Investigation is not complete. 2. The learned Public Prosecutor prays for some further time to complete the investigation. The learned Public Prosecutor further points out that the deceased and the victim belong to two rival political group and the law and order situation in the locality may be threatened if petitioners are permitted to enter the area of the crime. B.A.No.540/08 2 3. I am satisfied that the petitioners can now be granted regular bail subject to appropriate terms and conditions. 4. In the result, this petition is allowed. The petitioners shall be released 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 11/02/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) They 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. iii) 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 two months from the date of their release and thereafter as and when directed by the investigating officer in writing to do so. iv) Petitioners shall not, during the said period of two months, except for the purpose of complying with condition No.ii) above, enter the jurisdiction of Chathannoor police station without the prior permission of the learned Magistrate. (R.BASANT, JUDGE) jsr B.A.No.540/08 3 B.A.No.540/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007