IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 Bail Appl..No. 10325 of 2011() ------------------------------ CRMP.3562/2011 of DISTRICT COURT, PALAKKAD .................... CRIME NO :353 OF HEMAMBIKA NAGAR POLICE STATION, PALAKKAD. PETITIONER (S): ------------------------------ 1. PRAVEEN S/O.PONNUMANI, BHARATHI NIVAS, IND.ESTATE, PUDUPPARIYARAM, PALAKKAD 2. MANOJ S/O.MANIKYAN, THEKKEPARAMBIL HOUSE, LAKSHAMVEEDU, PUDUPPARIYARAM PALAKKAD 3. HAKKEEM S/O.MOIDEEN, MEPPADAN HOUSE, THEKKEMURALI, PUDUPPARAIYARAM PALAKKAD BY ADV. SRI.K.ANAND RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. THE SUB INSPECTOR OF POLICE, HEMAMBIKA NAGAR POLICE STATION BY PUBLIC PROSECUTOR SRI.K.K.RAJEEV. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: amk. P.S.GOPINATHAN, J ---------------------------- B.A. NO. 10325 OF 2011 -------------------------- Dated this the 16th day of December, 2011. O R D E R Petitioners, who are accused 2 to 4 in Crime No.353/2011 of Hemambika Nagar Police Station for offences punishable under Sections 143, 147, 148, 341, 324 and 326 r/w Section 149 IPC , filed a petition as Crl.M.C.Nos.3562/2011, before the Sessions Judge, Palakkad under Section 438 of the Code of Criminal Procedure, seeking an order directing the respondent to release the petitioners on bail in the event of arrest. By Annexure A order, that petition was dismissed. Now, seeking the same relief, this petition is filed. 2. Having heard either side, though it is seen that there are specific allegation against the first petitioner regarding the assault with iron rod at the head of the defacto complainant, there is no specific allegation against the petitioners 2 and 3. It is also revealed that the first accused, who was later apprehended was granted regular bail on conditions. In the above circumstance, I find that petitioners 2 and 3 can be released on conditions and the first petitioner can apply for regular bail. In the result, this petition is disposed of with direction to the first petitioners to surrender before the Investigating Officer. The Investigating Officer after interrogation shall produce the first petitioner before the Magistrate concerned, so as to enable the first petitioner to apply B.A. NO. 10325 OF 2011 2 for regular bail, which the Magistrate shall dispose of on merits, as far as possible on the same day, provided due notice is given to the Assistant Public Prosecutor. Petitioners 2 and 3 shall be released on bail on executing a bond for Rs.20.000/- with two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following conditions :- 1. Petitioners 2 and 3 shall report before the investigating Officer for interrogation as and when required. 2. Petitioners 2 and 3 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 3. Petitioners 2 and 3 shall not leave Palakkad District without previous permission. 4. This order shall be in force for a period of one month, within which period the petitioners 2 and 3 shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioners 2 and 3 and produce them before the Magistrate concerned. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge