IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Bail Appl..No. 956 of 2008() ---------------------------- CRLMP.4622/2007 of DISTRICT COURT, PALAKKAD CRIME NO.107/07 OF MALAMPUZHA POLICE STATION .................... APPLICANTS/ACCUSED NO.4 TO 7: ----------------------------------- 1. VALSALAKUMAR, AGED 25 YEARS, S/O.KESAVAN, THEKKINIPURA VEEDU, C.N.PURAM, PALAKKAD. 2. UDESH @ SURESH, AGED 29 YEARS, S/O.SIVARAMAN, PARAYIL HOUSE, KADUKKAMKUNNAM, PALAKKAD. 3. SURESH @ MOMBAN SURESH, AGED 24, S/O.CHAMIYAR, PEETHAMBARA HOUSE, KADUKKAMKUNNAM, PALAKKAD. 4. GIRISH @ POULOSE, AGED 25 YEARS, PAZHANIMALA, PUZHAKKAL HOUSE, S.K.NAGAR, KADUKKAMKUNNAM, PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY DIRECTOR GENERAL OF PROSECUTIONS SRI.P.G.THAMPI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.956 of 2008 ---------------------------------------- Dated this the 18th day of February 2008 O R D E R Application for regular bail. The petitioners are accused 4 to 7. They, along with the co-accused, face allegations in a crime registered under Section 302 I.P.C. In the F.I.R only three persons have been arrayed as accused. There is no reference to any other person having participated in the alleged crime, submits the learned counsel for the petitioner. The alleged incident took place on 19/10/2007. Political animosity is the alleged motive. Two persons belonging to the C.P.M were allegedly attacked by the miscreants, who allegedly owed allegiance to the B.J.P. One of them succumbed to the injuries. The other suffered injuries. The petitioners have been brought on the array of accused subsequently in the course of investigation. They were arrested and remain in custody from 19/11/2007. The co-accused that is accused 1 to 3 have already been enlarged on bail. There was an order for cancellation of bail by the learned Sessions Judge. Later, accused 1 to 3 had come before this court and this court - another Bench, as per orders passed today, has set aside the order cancelling bail; but B.A.No.956/08 2 has imposed further conditions on accused 1 to 3, submits the learned counsel for the petitioner. The learned counsel for the petitioner in these circumstances, prays that the petitioners, who have remained in custody from 19/11/2007 may now be enlarged on bail. Investigation is complete. Final report has already been filed also. 2. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that a very tense law and order situation prevails in the locality and release of the petitioner on bail and their presence in the locality is bound to further endanger the law and order situation. Appropriate conditions may be imposed, if at all this court is inclined to grant bail, submits the learned Public Prosecutor. 3. The petitioners have remained in custody from 19/11/2007. Investigation is complete. No specific allegations are there against the petitioners in the F.I.R. They have subsequently been brought in the array of accused. Accused 1 to 3, who, as per the F.I.statement had allegedly committed the crime, have by now been enlarged on bail also. In these circumstances, I am satisfied that subject to appropriate terms B.A.No.956/08 3 and conditions which shall allay the apprehensions aired by the learned Public Prosecutor, bail can be granted to the petitioners. Appropriate and strict conditions can of course be imposed. 4. In the result, this petition is allowed. The petitioners shall be released on bail on the following terms and conditions: i) They shall execute bonds for Rs.1,50,000/- (Rupees one lakh fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioners shall not enter the Sessions Division of Palakkad for a period of three months from this date except for the purpose of complying with condition No.iii) below. iii) They shall report before the S.H.O, Malampuzha police station on all Mondays until the case against them is finally disposed of. (R.BASANT, JUDGE) jsr B.A.No.956/08 4 B.A.No.956/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007