IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Bail Appl..No. 2256 of 2008() ----------------------------- CMP.972/2008 of J.M.F.C.-II, KANNUR CRIME 44/08 OF IRIKKUR POLICE STATION .................... PETITIONER/ACCUSED NOS.4 TO 7: ----------------------------------------------- 1. B.M. NIZAR, S/O. MUHAMMED KUNHI, AGED 26 YEARS, BADIRA HOUSE, P.O. VIDYA NAGAR, ANANGOOR, KASARAGODE DISTRICT. 2. T.A. ABDUL KHADER, S/O. ABBAS HAJI, AGED 24 YEARS, SHAMIRA MANZIL, ANANGOOR, TIPU NAGAR, KASARAGODE. 3. IBRAHIM KHALEEL, S/O. ABDULLA, AGED 25 YEARS, ANANGOOR, KASARAGODE. 4. ASHRAF A., S/O. ABDULLA, AGED 22 YEARS, ARAFA STREET, ANANGOOR, KASARAGODE. BY ADV. SRI.B.PREMNATH (E) RESPONDENTS: COMPLAINANT: ------------------------- STATE, REPRESENTED BY THE STATION HOUSE OFFICER, IRIKKUR POLICE STATION, KANNUR DISTRICT. (REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2256 OF 2008 ```````````````````````````````````````````````````` Dated this the 10th day of April, 2008 O R D E R Application for regular bail. Petitioners are accused 4 to 7. They face allegations in a crime registered alleging offences punishable under sections 452 and 395 IPC. The petitioners were brought by the 1st accused with the further purpose of indulging in acts of violence and mischief. They had gone to the house of the de facto complainant and indulged in the alleged crime. The incident took place on 23.2.08. The petitioners surrendered before the learned Magistrate on 25.3.08. They continue in custody from that date. The co-accused i.e., accused 1 to 3 have already been granted regular bail by this Court as per orders dated 18.3.08 in BA.1583/08 and dated 2.4.08 in BA.2004/08. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners herein can also be directed to be released on bail subject to appropriate BA.2256/08 : 2 : conditions. 3. In the result, this petition is allowed. The petitioners shall be enlarged on bail on the following terms and conditions:- i) The petitioners shall not be released on bail on the strength of this order prior to 16.4.08. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) 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. 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 two months from the date of their release and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) aks