IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Bail Appl..No. 1248 of 2008() ----------------------------- CRIME NO.70/08 OF KALADY POLICE STATION .................... PETITIONERS : ACCUSED NOS.2,5,6,7 & 8 ---------------------------------------- 1. SHYJAN, AGED 29 YEARS, S/O.VIJAYAN PULLANTHURATHUNDIYIL HOUSE, NEAR MANKAYI KAVALA UDAYAMPEROOR, MANAKUNNAM VILLAGE. 2. SANTHOSH KUMAR, AGED 36 YEARS S/O.PURUSHOTHAMAN, NEELANGATTUKUZHIYIL HOUSE KANIYAMBUZHA BHAGOM, POONITHURA VILLAGE, VYTTILA. 3. SHYJU, AGED 29 YEARS, S/O.KUTTAN NEELANAGATTUTHUNDIYIL HOUSE KANIYAMBUZHA BHAGOM, POONITHURA VILLAGE, VYTTILA. 4. SHIBU, AGED 30 YEARS, S/O.JAMES VEVUKATTUVETTIL, KARAKKATTUKUNNU BHAGOM MULANTHURUTHY. 5. SHYJU, AGED 28 YEARS, S/O.MATHEW MANISSERIYIL HOUSE, NEHIYAMKOLLY BHAGOM PULPILLY KARA, PADICHIRA VILLAGE, WYNAD DISTRICT. BY ADV. SRI.P.V.ANILKUMAR SMT.PRASEEDHA.K.DAS SMT.J.RAJI RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY SUB-INSPECTOR OF POLICE, KALADY POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY P.P. SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1248 of 2008 ------------------------------------------------- Dated this the 3rd day of March, 2008 ORDER Application for regular bail. The petitioners are accused 2, 5, 6, 7 and 8. They face allegations in a crime registered under Sec.402 of the IPC. They were arrested on 27/1/08 along with the co-accused. Accused 3, 4 and 9, who were also arrested on the same day, have been granted regular bail as per the common order dated 26/2/08 in B.A.Nos.1028 & 1088/08 by this Court. 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 herein can also be released on bail subject to identical conditions as were imposed on the co-accused. In the absence of opposition, it is not necessary for me to advert to the facts in any greater detail in this order. B.A. No. 1248 of 2008 -: 2 :- I have adverted to the facts in detail in the earlier order dated 26/2/08. This order must be read in continuation of the said order. 3. In the result: (a) This application is allowed. The petitioners shall be released on bail on the following terms and conditions: (i) The petitioners shall not be released from custody on the strength of this order prior to 6/3/08. The Investigators shall, in the meantime, make every endeavour to complete the investigation. (ii) 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. (iii) 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 three months from the date of their release and thereafter as and when directed by the Investigating Officer in writing to do so. (iv) The petitioners shall not leave the Sessions Division of Ernakulam without the prior permission of the learned Magistrate. They shall, within 7 days, inform the Investigating Officer of the address of their place of residence within the B.A. No. 1248 of 2008 -: 3 :- Sessions Division of Ernakulam and shall continue to keep the Investigating Officer informed of any change in such address from time to time. (R. BASANT, JUDGE) Nan/