IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1862 of 2008() ----------------------------- CRIME NO.72/08 OF VALLIKUNNAM POLICE STATION CMP.344/2008 of J.M.F.C., KAYAMKULAM .................... PETITIONERS/ACCUSED NOS.1 AND 5 ------------------------------------------------ 1. AJAYAN PILLA, AGED 33 YEARS, S/O KRISHNAPILLA, ILLATHU VADAKKETHIL, KADAVINAL MURI, VALLIKUNNAM VILLAGE. 2. VINESH KUMAR, AGED 30 YEARS, S/O MURALEEDHARAN NAIR, ILLATHU PADEETTATHIL VEEDU KADUVINAL MURI, VALIKUNNAM VILLAGE. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1862 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of March, 2008 O R D E R Application for regular bail. The petitioners are accused 1 and 5. Altogether there are five accused persons. They face allegations under Sections 308 and 326 I.P.C. The defacto complainant is a political functionary, a leader of the CPM. He was alleged to have been attacked by the accused persons on account of political animosity. Fracture of the nasal bone was suffered. Granite stone was used for infliction of the injury. The incident took place on 3.3.2008. The petitioners were arrested on 7.3.2008 and they continue in custody from that date. The other accused have not been arrested so far. 2. The learned counsel for the petitioners pray, the learned Prosecutor does not oppose the said prayer on condition that the Investigators may be granted reasonable further time to complete the investigation and I am satisfied that the petitioners can now be directed to be enlarged on bail subject to appropriate terms and conditions. B.A.No. 1862 of 2008 2 5. In the result: 1) These applications are allowed. 2) The petitioners shall be released on bail on the following terms and conditions. a) The petitioners shall not be released from custody on the strength of this order prior to 3.4.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) The petitioners shall execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) They shall make themselves 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. (R. BASANT) Judge tm