IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 Bail Appl..No. 1136 of 2008() ----------------------------- BP.103/2008 of J.M.F.C.,SULTHANBATHERY CRIME NO.27/08 OF MEENANGADI POLICE STATION, WAYANAD. .................... PETITIONERS/ACCUSED NOS.1 TO 3: ------------------------------------------------ 1. SASI, AGED 30 YEARS, MALAKKATTU COLONY, KAKKAVAYAL POST, MUTTIL AMSOM, VYTHIRI TALUK, WAYANAD DISTRICT. 2. SURESH, AGED 28 YEARS, MALAKKATTU COLONY, KAKKAVAYAL POST, MUTTIL AMSOM, VYTHIRI TALUK, WAYANAD DISTRICT. 3. RAGHAVAN @ VASI, AGED 38 YEARS, MALAKKATTU COLONY, KAKKAVAYAL POST, MUTTIL AMSOM, VYTHIRI TALUK, WAYANAD DISTRICT. BY ADV. SRI.SARVOTHAMAN RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1136 OF 2008 ------------------------------------------------- Dated this the 28th day of February, 2008 ORDER Application for regular bail. The petitioners are accused 1 to 3. Altogether, there are three accused persons. The alleged incident took place on 20/1/08. The crime is registered for offences punishable, inter alia, under Sec.307 of the IPC. There is no specific allegation raised under Sec.326 of the IPC. The petitioners are named in the F.I.R. They remain in custody from 31/1/08. A stab injury was suffered by the victim. The petitioners continue in custody from 31/1/08 and the learned counsel for the petitioners prays that they may now be enlarged on bail subject to appropriate terms and conditions. 2. The wound certificate has not been placed before me for my perusal by the learned Public Prosecutor. However, it is submitted that the victim has already been discharged from B.A. No. 1136 OF 2008 -: 2 :- the hospital. 3. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can now be granted regular bail subject to appropriate terms and conditions. 4. In the result: (a) The application is allowed. (b) The petitioners shall be released on bail on the following terms and conditions: (i) The petitioners shall execute bonds for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioners shall make themselves available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT, JUDGE) Nan/ B.A. No. 1136 OF 2008 -: 3 :-