IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Bail Appl..No. 2263 of 2008() ----------------------------- CRIME NO.44/08 OF WALAYAR POLICE STATION .................... : PETITIONERS/ACCUSED 1 TO 7 ------------------------------------------- 1. RAJESH, AGED 24 YEARS, S/O.RAJAN, KOPPANPURA VEEDU, MUKRONI, KANJIKKODE. 2. MAHESH, AGED 24 YEARS, S/O.MANI, KAVITHA NIVAS, CHULLIMADA, KANJIKKODE. 3. PRAKASH (PRASANTH), AGED 29 YEARS, S/O.KANDAKUTHAN, MANNTHU PURA VEEDU, SURYA NAGAR, KANJIKKODE. 4. ANANDAN, AGED 26 YEARS, S/O.APPU, SURYA NAGAR, KANJIKKODE. 5. KRISHNADAS, AGED 25 YEARS, S/O.KESAVAN, MANNYAMKAD VEEDU, VADUKATHARA, KANJIKKODE. 6. DEVADAS @ DEVAN, AGED 21 YEARS, S/O.KESAVAN, MANNAYAMKAD VEEDU, VADUKATHARA, KANJIKKODE. 7. RATHEESH @ ELUMANI, AGED 20 YEARS, S/O.CHANDRAN, MANNTHUPURA VEEDU, KANJIKODE. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, WALAYAR. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2263 of 2008 ------------------------------------- Dated this the 11th day of April, 2008 ORDER Application for regular bail. Petitioners are accused 1 to 7 in a crime registered alleging offences punishable, inter alia, under Sections 308 and 326 I.P.C. The alleged incident took place on 09.02.08. The incident took place inside a bar. There was dispute between the accused persons on the one hand and some staff of the bar on the other. The miscreants allegedly left the bar and came back to bar and unleashed an attack on the staff of the bar, it is alleged. Serious injuries including fractures have been suffered by the victims. Accused 1 and 2 surrendered on 27.02.08. Accused 3 and 4 were arrested on 02.03.08 and accused 5 to 7 were arrested on 15.03.08. 2. The learned counsel for the petitioners submits that the petitioners are innocent. It is prayed that they may now be enlarged on bail. 3. The learned Public Prosecutor submits that some of the accused have criminal antecedents. At any rate, the learned Public Prosecutor submits that the State has no objection against the grant of regular bail to accused 1 to 4 who have been remaining in custody from 27.02.08/02.03.08. But as regards B.A.No.2263 of 2008 2 petitioners 5 to 7, the learned Public Prosecutor prays that some further time may be given to enable the investigator to complete the investigation. 4. I am satisfied that regular bail can be granted to the petitioners subject to appropriate terms and conditions. 5. In the result, this application is allowed. The petitioners shall be released on bail on the following terms and conditions. i) The petitioners/accused 5 to 7 shall not be released on the strength of this order prior to 19.04.2008. The Investigators shall in the meantime make every endeavour to complete the investigation; ii) All 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 himself 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 (accused 5 to 7 - from the date of their release) and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/- B.A.No.2263 of 2008 3