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. 1879 of 2008() ----------------------------- C.R.NO. 38/08 OF MANJESWARAM POLICE STATION CMP.1012/2008 of J.M.F.C.,KASARAGOD .................... PETITIONER/ACCUSED ----------------------------------- 1. ABOOBACKER SIDDIQUE @ KURUPPA SIDDIQUE, S/O.ABDULLA, AGED 22, SUBHAY NAGAR HOUSE, KANNATIPPARA, KUBANUR GRAMAM, NOW AT QUARTERS OF BADOOR, MAJAL, KUNJATHUR MATA. 2. MOIDEEN SHEBIR, AGED 20, S/O.SHAIKALI, MUBARAK MANZIL, NEAR KUKKAR GHS, KUKKAR, MANGALPEDY GRAMAM, NOW AT MUTTAM QUARTERS OF THANGAL. 3. ISMAIL @ APPU, AGED 22, S/O.UMMER, HIDAYATH BAZAR, UPPALA GRAMAM. 4. MUHAMMED ASHRAF.K.M., AGED 23, S/O.ADAM, M.H.QUARTERS, MUTTAM, SHIRIYA GRAMAM. 5. UMMER FAROOQ, AGED 19, S/O.MUHAMMED, NEAR PATHODY BRIDGE, UPPALA, MULINJA VILLAGE, NOW AT ADUKA, B.M.QUARTERS. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MANJESWARAM POLICE STATION. BY PUBLIC PROSECUTOR SRI. JAI GEORGE 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. 1879 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of March, 2008 O R D E R Application for regular bail. The petitioners are accused 1 to 5. They face allegations in a crime registered alleging offences punishable, inter alia, under Sections 402 and 332 I.P.C. The alleged incident and the arrest took place on 1.2.2008. An earlier application for regular bail filed by the petitioners was dismissed by this Court as per order dt. 28.2.2008 in B.A.No. 1153 of 2008. The petitioners continue in custody from 1.2.2008. The learned counsel for the petitioners prays that the petitioners may now be enlarged on bail. 2. The learned Prosecutor opposes the application, but submits that it is unlikely that the final report can be filed prior to 1.4.2008, by which date the petitioners will be entitled for bail by default. They may, in these circumstances, be granted regular bail w.e.f. 1.4.2008, submits the learned Prosecutor. B.A.No. 1879 of 2008 2 3. Having considered all the relevant inputs, I am satisfied that the petitioners can be granted regular bail, subject of course to appropriate terms and conditions. I have adverted to the facts in detail in the order referred above. This order must be read in continuation of that order. I am not hence adverting to facts in any greater detail in this order. 4. In the result: 1) This application is allowed. 2) The petitioner 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 1.4.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) 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 be satisfaction of the learned Magistrate. (c) They shall make themselves available for interrogation before the Investigating Officer on all Mondays and Fridays between B.A.No. 1879 of 2008 3 10 a.m. and 12 noon for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. © The petitioners shall furnish to the Investigating Officer the address of their place of residence within seven days of the date of their release and shall continue to keep the Investigating Officer informed of such change of address, if any, from time to time, until the case against them is finally disposed of. (R. BASANT) Judge tm