IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Bail Appl..No. 1239 of 2008() ----------------------------- CRIME NO.863/07 OF KOYILANDY POLICE STATION, KOZHIKODE DT. .................... : PETITIONERS/ACCUSED ------------------------------------ 1. IBRAHIM, S/O. MOIDEEN, AGED 30, NAMBRATHKUTTY HOUSE, PERUVATTOOR P.O., PANTHALAYANI VILLAGE, KURUVANGAD, KOYILANDY TALUK, KOZHIKODE DISTRICT. 2. U.K.CHANDRAN, S/O. KRISHNAN, AGED 44, "KRISHNA", PANTHALAYANI AMSOM, KOYILANDY TALUK, KOZHIKODE DISTRICT. 3. U.K.PAVITHRAN, S/O. KRISHNAN, AGED 39, "KRISHNA", PANTHALAYANI AMSOM, KOYILANDY TALUK, KOZHIKODE DISTRICT. 4. SIJEESH P., S/O. GOPALAN, AGED 26, PARAPPURATH HOUSE, MUCHUKUNNU P.O., VIYYUR VILLAGE, KODAKKATTUMURI, KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.C.P.MOHAMMED NIAS RESPONDENTS: COMPLAINANT/STATE ------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, KOYILANDY POLICE STATION, KOZHIKODE DIST. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1239 of 2008 ---------------------------------------- Dated this the 4th day of March 2008 O R D E R Application for regular bail. Petitioners are accused 1 to 4. Altogether there are eleven accused persons. They face allegations in a crime registered inter alia under Sections 307 and 326 I.P.C. Political animosity is the alleged motive. The petitioners belong to the C.P.M and the victim belongs to the B.J.P. The alleged incident took place on 13/12/2007. Petitioners were arrested on 28/1/2008 and 02/02/2008. They continue in custody from that date. The victim has suffered a fracture of the left shoulder. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. They, who are remained in custody for the past more than one month, may now be enlarged on bail, it is prayed. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor only prays that appropriate conditions may be imposed in the interests of a fair and efficient investigation as also the law and order situation in the locality. I am satisfied that the petitioners can now be granted regular bail. In the absence of opposition from the B.A.No.1239/08 2 learned Public Prosecutor, it is not necessary for me to advert to facts in any greater detail in this order. 4. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: i) They 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 two months and thereafter as and when directed by the investigating officer in writing to do so. iii) During the said period of two months, the petitioners shall not enter the jurisdiction of Koyilandy police station without the prior permission of the learned Magistrate except for the purpose of complying with condition No.ii) above. (R.BASANT, JUDGE) jsr B.A.No.1239/08 3 B.A.No.1239/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007