IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Bail Appl..No. 8084 of 2007(S) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN BA.7560/2007 Dated 07/12/2007 CRIME NO.655/07 OF CHENGHAMANAD POLICE STATION, EKM. .................... PETITIONER/ACCUSED NO.7 ---------------------------------------- SANIL, S/O.DEVASSY KUTTY, AGED 23 YEARS, INCHAKKAL HOUSE, KAIPATTUR, KALADY P.O., ERNAKULAM. BY ADV. SRI.K.R.VINOD RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 8084 OF 2007 ------------------------------------------------- Dated this the 2nd day of January, 2008 ORDER Second application for regular bail. The petitioner is the 7th accused. Altogether, there are 7 accused persons. The alleged incident took place on 11/8/07. The petitioner along with the co-accused faces allegations under Sec.395 of the IPC. The petitioner was arrested on 4/11/07. He continues in custody from that date. An earlier application for regular bail filed by the petitioner was dismissed by this Court as per the order dated 7/12/2007 in B.A. No.7560/07. The learned counsel for the petitioner prays that the petitioner, who even admittedly did not have any role in the actual commission of the offence and had even allegedly only passed on information about the movement of the police for a consideration of Rs.5,000/- received by him from one of the principal accused, B.A. No. 8084 OF 2007 -: 2 :- may now be enlarged on bail. 2. The learned Public Prosecutor does not oppose the application; but hastens to observe that it may be noted that the application is not being opposed only because the petitioner did not have any specific role in the commission of the offence proper. The grant of bail to the petitioner may not be taken advantage of by the other co-accused who had roles to play in the actual offence committed, submits the learned Public Prosecutor. 3. I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. I have adverted to the facts in detail in the order dated 7/12/07. This order must be read in continuation of the said order. I am hence not adverting to the facts in any greater detail in this order. 4. In the result: (a) The application is allowed. (b) The petitioner shall be released on bail on the following terms and conditions: (i) 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. B.A. No. 8084 OF 2007 -: 2 :- (ii) 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 and thereafter as and when directed by the Investigating Officer in writing to do so. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. No. 8084 OF 2007 -: 2 :-