IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Bail Appl..No. 177 of 2008() ---------------------------- CRIME 358/07 OF CHOKLI POLICE STATION PETITIONER/ACCUSED 1 TO 5 (IN JUDICIAL CUSTODY): ----------------------------------------------------------------- 1. MANJESH BABU K.T.K., S/O. KUMARAN, AGED 32, KOLLANTAVIDA THAZHE KUNIYIL, COOLIE, KANNAMVELLY P.O. PANOOR, THALASSERY TALUK, KANNUR DISTRICT. 2. VIJESH, S/O. NANU, AGED 22, RAYAROTH THAZHA KUNIYIL, KANNAMVELLY P.O. PANOOR, THALASSERY TALUK, KANNUR. 3. RAJAN, S/O. KUNHIKANNAN, AGED 40, KALLULLA PUNATHIL HOUSE, POOKKOM P.O., PANOOR, THALASSERY TALUK, KANNUR. 4. SREERAJ, S/O. RAVEENDRAN, AGED 20, KOVILATH HOUSE, KANBNAMVELLY P.O. PANOOR, THALASSERY TALUK, KANNUR. 5. KUMARAN, S/O. KUNHUTTAN, AGED 21, PATHIYIL THAZHE KUNIYIL, KANNAMVELLY P.O. PANOOR, THALASSERY, KANNUR. BY ADV. SRI.K.S.MADHUSOODANAN RESPONDENTS: COMPLAINANT & FORMAL PARTY: ---------------------------------------- 1. STATE OF KERALA TO BE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. STATION HOUSE OFFICER, CHOKKLI POLICE STATION, THALASSERY. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 177 OF 2008 F ```````````````````````````````````````````````````` Dated this the 14th day of January, 2008 O R D E R Application for regular bail. Petitioners are accused Nos.1 to 5. Altogether there are five accused persons. They face allegations for offences punishable, inter alia, under Sections 324 and 307 read with 149 IPC and Sections 3 and 5 of the Explosive Substances Act. The alleged incident took place on 20.11.07. Political animosity between the workers of the CPI(M) and BJP is the alleged motive. The petitioners surrendered before the learned Magistrate on 27.11.07 and they continue in custody from that date. Investigation is not complete. 2. The learned counsel for the petitioners prays the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners, who have remained in custody from 27.11.07, can now be directed to be enlarged on bail subject to appropriate conditions, which shall ensure the BA.177/08 : 2 : interests of a fair, efficient and expeditious investigation. The nature of the injuries suffered has been revealed to me by the learned Public Prosecutor by reading the wound certificate. 3. In the result, this petition 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. ii) 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 three months from the date of their release and thereafter as and when directed by the investigating officer in writing to do so. iii) During the said period of three months, the petitioners shall not enter the jurisdiction of Chokli police station without prior permission of the learned Magistrate except for the purpose of complying with condition No.(ii). (R.BASANT, JUDGE) aks