IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 Bail Appl..No. 2038 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.861/2008 Dated 14/02/2008 CRIME NO.333/07 OF ERUMAPETTY POLICE STATION .................... PETITIONERS ---------------------------- 1. RENIL, S/O.MOHANDAS, ATHIKKATTU HOUSE, P.O.KANIPPAYOOR, KUNNAMKULAM, THRISSUR DISTRICT. 2. ABI.K.R., S/O.RAJAN, KARUTHILAYIL HOUSE SENIOR GROUND, KUNNAMKULAM, THRISSUR DISTRICT. BY ADV. SRI.P.RAMACHANDRAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE S.I. OF POLICE, ERUMAPETTY POLICE STATION, ERUMAPETTY, THRISSUR DISTRICT. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 2038 of 2008 ------------------------------------------------- Dated this the 3rd day of April, 2008 ORDER Third application for regular bail. The petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Sec.395 of the IPC. 12 persons are arrayed as accused. The alleged incident took place on 29/11/07. The petitioners were arrested on 12/1/08. They continue in custody from that date, their applications for regular bail having been dismissed twice by this Court as per the orders dated 14/2/08 in B.A.No.861/08 and dated 10/3/08 in B.A.No.1451/08. I have adverted to the facts in detail in the said orders. Hence I am not adverting to the facts in any greater detail in this order. This order must be read in continuation of the said orders. Investigation is not complete. Final report has not been filed. There is no prospect of the B.A. No. 2038 of 2008 -: 2 :- final report being filed within a period of 90 days from the date of the first remand of the petitioners, submits the learned Public Prosecutor. 2. The learned counsel for the petitioners submits that there is a marriage of a close relative in the family of the petitioners on 6/4/08. In these circumstances, it is prayed that the petitioners may be granted regular bail now. The petitioners have no history of any criminal antecedents, it is further reported. 3. The learned Public Prosecutor does not oppose the application and I am satisfied, in the facts and circumstances of this case, that a lenient view can be taken and the petitioners can now directed to be released on bail subject to appropriate terms and conditions. 3. In the result: (a) The application is allowed. (b) The petitioners shall be released on bail on the following terms and conditions: (i) The petitioners 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 B.A. No. 2038 of 2008 -: 3 :- 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. (R. BASANT, JUDGE) Nan/