IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2643 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.1077/2008 Dated 26/02/2008 CMP.1746/2008 of J.M.F.C.-I, MAVELIKKARA CRIME NO.391/07 OF MAVELIKKARA POLICE STATION .................... PETITIONER/ACCUSED NO.1 ---------------------------------------- JOMY K. JOHNSON, S/O.K.G.JOHNSON, NELLITHANATH, KOLLAMANVILA JOMI BHAAVAN, EDAMULAKKAL P.O., KOLLAM DISTRICT. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, THROUGH THE CIRCLE INSPECTOR OF POLICE, MAVELIKKARA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------- B.A. NO. 2643 of 2008 ------------------------------------------- Dated this the 29th day of April, 2008 ORDER Application for regular bail. The petitioner is the 1st accused in a crime registered alleging offences punishable, inter alia, under Secs.324 and 307 of the IPC. The alleged incident took place on 26/8/07. The petitioner was arrested on 14/3/08 and he continues in custody from that date. The petitioner was a student of the Fine Arts College, Mavelikkara. Prior animosity is the alleged motive. Some of the co-accused, who were arrested earlier, have already been enlarged on bail. The petitioner remains in custody from 14/3/08. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that the Investigator is granted reasonable further time to complete the investigation and I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. B.A. NO. 2643 of 2008 -: 2 :- 3. In the result: (a) This application is allowed. The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall not be released from custody on the strength of this order prior to 9/5/08. The Investigator shall, in the meantime, make every endeavour to complete the investigation. (ii) The petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (iii) The petitioner shall make himself 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 from the date of his release and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT, JUDGE) Nan/