IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2656 of 2008() ----------------------------- AGAINST THE ORDER DATED 17/04/2008 IN CMP 673/08 IN CMP.654/2008 of J.M.F.C., KAYAMKULAM CRIME NO.120/08 OF VALLIKUNNAM POLICE STATION .................... PETITIONER : ACCUSED ------------------------ MUKESH, S/O.SATHYAN THARAYIL PUTHENVEEDU, KADUVINAL MURI VALLIKUNNAM VILLAGE. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENTS: STATE/COMPLAINANT ------------------------------ STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008 ALONG WITH B.A.NO.2767 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.Nos.2656 and 2767 of 2008 ------------------------------------- Dated this the 29th day of April, 2008 ORDER These applications are for regular bail. Petitioners are accused 1 and 3. The alleged incident took place on 06.04.08. The petitioners were arrested on 16.04.08. The crux of the allegations is that all the 3 accused persons, in furtherance of their common intention on account of prior animosity, allegedly inflicted an injury with rubber logs on the defacto complainant. The petitioners allegedly belong to a group of persons indulging in offences connected with an illicit transport of sand. Investigation is in progress. The petitioners continue in custody from 16.04.08. The crucial allegation is only under Section 324 I.P.C though the allegation under Section 308 I.P.C is also seen raised. There is no case that any grievous injury has been suffered by the victim. The learned counsel for the petitioners prays that the petitioners may now be enlarged on bail. 2. The learned Public Prosecutor submits that the investigation is not complete. Investigators need some further time to complete the investigation. Considering the nature of the offence, the petitioners may not be enlarged on bail, it is submitted. B.A.Nos.2656 and 2767 of 2008 2 3. Having considered all the relevant circumstances, I am satisfied that the petitioners can now be directed to be released on bail subject to the requirements of an expeditious and efficient investigation. 4. In the result, these applications are allowed. The petitioners shall be released on bail on the following terms and conditions. i) The petitioners shall not be released on the strength of this order prior to 06.05.2008. The Investigators shall in the meantime make every endeavour to complete the investigation; ii) 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; iii) 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 2 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, except for the purpose of complying with condition No.(iii) above, enter the jurisdiction of Vallikunnam Police Station for a period of 2 months from the date of their release. (R.BASANT, JUDGE) rtr/- B.A.Nos.2656 and 2767 of 2008 3