IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Bail Appl..No. 1042 of 2008(K) ------------------------------ CMP.550/2008 of J.M.F.C.-II,HOSDRUG CRIME NO.27/2008 OF VELLARIKUNDU POLICE STATION .................... PETITIONERS/ACCUSED: ------------------------- 1. KAITHOLIL SHAJI, S/O.POULOSE, AGED 38 YEARS, R/AT MALOTH, DARKAS P.O., HOSDURG TALUK. 2. VANIYAN SHIJU, AGED 26 YEARS, S/O.KUNHIKANNAN, R/AT MALOTH, DARKAS P.O., HOSDURG TALUK. 3. KADA RAJU, S/O.NARAYANAN, RESIDING AT MALOTH, DARKAS P.O., HOSDURG TALUK. 4. RAJAN, S/O.SANKARAN, RESIDING AT MALOTH, DARKAS P.O., HOSDURG TALUK. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS: COMPLAINANT & STATE: --------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.H.O. VELLARIKUNDU POLICE STATION. BY PUBLIC PROSECUTOR, SRI S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1042 of 2008 ------------------------------------- Dated this the 22nd day of February, 2008 ORDER Application for regular bail. Petitioners face allegations in a crime registered, inter alia, under Section 307 r/w 34 I.P.C. They are accused 1 to 4. Political animosity is the alleged motive. The petitioners belong to the Congress party. The alleged victim belongs to the C.P.M. The incident took place on 06.02.08. The petitioners surrendered on 11.02.08 and continue in custody from that date. 2. The learned counsel for the petitioners submits that the petitioners have not committed any crime. Merely because they belong to the opposition political party, false allegations are raised against them. The inclusion of the allegation under Section 307 I.P.C eloquently declares the mala fides of the defacto complainant as also the investigating police officials, submits the learned counsel for the petitioners. 3. The learned Public Prosecutor does not oppose the application. Injuries suffered by the victim are not serious or grievous. Insignificant abrasions and contusions are the injuries B.A.No.1042 of 2008 2 suffered. The learned Public Prosecutor has taken me through the nature of injuries described by the doctor. 4. Having considered all the relevant inputs, I am satisfied that the petitioners can now be granted regular bail. 5. 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.50,000/- (Rupees Fifty thousand 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 two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-