IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 Bail Appl..No. 527 of 2008() ---------------------------- CMP.270/2008 of J.M.F.C.-I,HOSDRUG CRIME NO.27/08 OF HOSDURG POLICE STATION .................... PETITIONERS/ACCUSED 1-17: ------------------------------------------ 1. KARUNAKARAN, AGED 31 YEARS, S/O. KOTTAN, POYYAKARA HOUSE, CHITTARI VILLAGE, KASARGODE DISTRICT. 2. SATHEESHAN M., AGED 27 YEARS, S/O. CHARI, KALLINKAL, CHITHARI,KASARGODE DISTRICT 3. SATHEESAN, AGED 26 YEARS, S/O. KUNHIKANNAN, CHITTARI KADAPURAM, KASARGODE DISTRICT. 4. K. RAMESH, AGED 21 YEARS, S/O. NALINI, CHITTARI KADAPURAM, KASARGODE DISTRICT. 5. K. SHAJI, AGED 22 YEARS, S/OP. KORAN, CHITTARI KADAPURAM,KASARGODE DISTRICT 6. K.V. JYOTHISH, AGED 35 YEARS, C/O. K.V.AMBU,CHITTARI KADAPURAM,KASARGODE DIST. 7. K.P. MONI, AGED 24 YEARS, S/O. VIJAYAN, ,CHITTARI KADAPURAM,KASARGODE DIST. 8. K. RAJU, AGED 27 YEAS, S/O. DAMODARAN,CHITTARI KADAPURAM,KASARGODE DIST. 9. SHIJU, AGED 23 YEARS, S/O. UNNI, CHITTARI KADAPURAM,KASARGODE DIST. 10. P.P. MADHU, AGED 25 YEARS, S/O. KARIKUTTY, CHITTARI KADAPURAM,KASARGODE DIST. 11. P.P. BHASKARAN, AGED 38 YEARS, S/O. KARIKUTTY, CHITTARI KADAPURAM,KASARGODE DIST. -2- 12. M.V.SREEDHARAN, AGED 43 YEARS, S/O.CHANDRAN, KALLIINGAL, MALLIKA WARD, KASARGODE DISTRICT. 13. KUNHIRAMAN, AGED 58 YEARS, S/O. KORAN, CHITTARI KADAPPURAM,KASARGODE DIST. 14. K. SHAJI, AGED 22 YEARS, S/O. KANNAN, CHITTARI KADAPPURAM,KASARGODE DIST. 15. NALINAKSHAN @ NALINAN, AGED 24 YEARS, S/O. KUNHIKANNAN, CHITTARI KADAPPURAM, KASARGODE DIST. 16. HANEESH, AGED 19 YEARS, S/O. RAVI, CHITTARI KADAPPURAM,KASARGODE DIST. 17. VALAPPIL SATYAN, S/O. MANI, KALLINKAL, KASARGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENTS: COMPLAINANT AND STATE: ----------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------- B.A. NO. 527 of 2008 ------------------------------------------------- Dated this the 30th day of January, 2008 ORDER Application for regular bail. The petitioners are accused 1 to 17 in a crime registered for offences punishable, inter alia, under Secs.326 and 307 of the IPC. The alleged incident took place on 13/1/08. The incident was a sequel to the political disputes between persons belonging to the BJP and CPI(M). The petitioners owe allegiance to the BJP. The victims owe allegiance to the CPI(M). There are 4 injured persons in this case. A crime was registered. Investigation is in progress. Accused 1 to 9 are named in the FIR. The accused persons were arrested on various dates between 14/1/08 to 18/1/08. They continue in custody from the dates of their arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. They are not aggressors; but only victims of aggression. A counter case has been registered as Crime No.29/08. That crime is also registered under Secs.326 and 308 of the IPC. A3, A4 and B.A. NO. 527 of 2008 -: 2 :- A15 in the present crime are the injured persons in that Crime No.29/08. The injured in this case are the accused in the said case. At any rate, the petitioners, who have been remaining in custody from 14/1/08 to 18/1/08, may now be granted regular bail subject to appropriate conditions, prays the learned counsel for the petitioners. 3. The learned Public Prosecutor prays that the Investigator may be given some further time to complete the investigation. He further prays that it may be ensured that the release of the petitioners do not adversely affect the law and order situation in the locality. 4. Having considered all the relevant inputs, I am satisfied that the petitioners can now be directed to be released on bail subject to appropriate terms and conditions. 5. 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 8/2/08. The Investigator shall, in the meantime, make every endeavour to complete the investigation. B.A. NO. 527 of 2008 -: 3 :- (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 two 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, during the said period of two months, enter the jurisdiction of the Hosdurg Police Station without the prior permission of the learned Magistrate except for the purpose of complying with Condition No.(iii) above. (R. BASANT, JUDGE) Nan/