IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Bail Appl..No. 2712 of 2008() -------------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.2171/2008 Dated 08/04/2008 CRMP.556/2008 of DISTRICT COURT, PALAKKAD (CRMP 555/2008) CRIME NO.288/07 OF NATTUKAL POLICE STATION .................... PETITIONERS/ACCUSED NO.1 AND 2 ----------------------------------- 1. ASSAINAR ALIAS ASSAINU,AGED 40 YEARS, S/O.KUNHIPPA HAJI, ALAKKAL HOUSE, BHEEMANAD,KODAKKAD, MANNARKAD TALUK,PALAKKAD DISTRICT. 2. KUTTY HASSAN ALIAS HASSAN AGED 28 YEARS, S/O.UMMER MANGALARI HOUSE, ALINGAPARAMBA,PULPATTA, MANJERI, MALAPPURAM DISTRICT, BY ADV. SRI.T.K.SAIDALIKUTTY SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SMT.SHEENA SAMUEL RESPONDENTS: ----------------------- 1. THE STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE C.I. OF POLICE, MANNARKAD. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2712 of 2008 ------------------------------------- Dated this the 2nd day of May, 2008 ORDER Application for regular bail. Petitioners are accused 1 and 2. They face allegations under Section 302 I.P.C. They were arrested on 01.02.08. They continue in custody from that date. Investigation is not complete. Final report has not been filed yet. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer - a period of 90 days from the date of first remand having already expired and the final report having not been filed, and I am satisfied that the petitioners, who are now entitled for regular bail under Section 167(2) Cr.P.C, can now be enlarged on regular bail on the following 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) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; B.A.No.2712 of 2008 2 ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so; iii) During the said period of 3 months, the petitioners shall not enter the Sessions Division of Palakkad, except for the purpose of complying with condition No.(ii) above, without the prior permission of the learned Magistrate. (R.BASANT, JUDGE) rtr/-