IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Bail Appl..No. 425 of 2008() ---------------------------- CRIME NO. 141/07 OF KUTHUPARAMBA POLICE STATION PETITIONERS/ACCUSED 1,2,& 5 -------------------------------------------- 1. ANOOP, S/O.KUMARAN,MANDOLI PARAMBATH HOUSE,PATHIRIYAD AMSOM, PARAMBIL DESOM, MAMBARAM P.O. 2. SHYJU,S/O. GOPALAN,PARAMBATH HOUSE, PATHIRIYAD AMSOM,PARAMBAI DESOM, 3. SHIJIN,S/O.BALAN MAMBATHAN KANDY HOUSE ERUVATTY AMSOM, PINARAYI PO. BY ADV. SRI.CIBI THOMAS RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE KUTHUPARAMBA POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------- B.A. NO. 425 of 2008 ------------------------------------------------- Dated this the 25th day of January, 2008 ORDER Application for regular bail. The petitioners are accused 1, 2 and 5 in a crime registered alleging the commission of offences punishable, inter alia, under Secs.326 and 307 read with Sec.149 of the IPC. The alleged incident took place on 23/6/07. The petitioners were arrested on 20/11/07. The victim belongs to the CPM and the petitioners belong to the RSS. Political animosity is the alleged motive. While the de facto complainant was working in a furniture shop, the miscreants, who were members of an unlawful assembly, had allegedly attacked the victim with dangerous weapons resulting in grievous hurt including amputation of finger. Accused 1 and 5 have criminal antecedents also, it is submitted. Investigation is not complete. Some of the co- B.A. NO. 425 of 2008 -: 2 :- accused – altogether, there are 6 accused persons, have not been apprehended yet. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer on condition that the Investigator is granted reasonable further time to complete the investigation and appropriate conditions are imposed in the interests of maintenance of law and order in the locality and I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. 3. In the result: (a) This application is allowed. The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall not be released from custody on the strength of this order prior to 11/2/08. The Investigator shall, in the meantime, make every endeavour to complete the investigation and arrest the co-accused. (ii) The petitioners shall execute bond 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 on all Mondays and B.A. NO. 425 of 2008 -: 3 :- Fridays between 10 a.m. and 12 noon for a period of three months from the date of their release and thereafter as and when directed by the Investigating Officer in writing to do so. (iv) During the said period of three months, the petitioners shall not enter the Sessions Division of Thalassery without the prior permission of the learned Magistrate except for the purpose of complying with Condition No.(iii) above. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge