IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 Bail Appl..No. 8436 of 2011() ----------------------------- CRIME NO. 3015/2011 OF CENTRAL POLICE STATION, ERNAKULAM ----------------------- PETITIONERS/ACCUSED ----------------------------------- 1. SETHU MADHAVAN, AGED 20 YEARS, S/O. ANIL KUMAR, THOTTUVELIL HOUSE, KUMBALAM FERRY, EDAKOCHI. 2. SYAMJITH K. S., AGED 20 YEARS, S/O. SIVAN K. R., KAKKANATTU HOUSE, CHITTATUKARA, VADAKKEKKARA P.O. 3. AJITH KUMAR V. N., AGED 21 YEARS, S/O. NADESAN, VYPPITHARA HOUSE, KUZHUPPILLY, IYYAMPILLY P.O. 4. SYAM KRISHNAN. G., AGED 20 YEAS, S/O. GOPALAKRISHNAN NAIR, PUTHALATH HOUSE, TRICHATTUKULAM P.O., PANAVALLY, CHERTHALA. BY ADV. SRI. K. V. SABU RESPONDENT/ COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PN P.S. GOPINATHAN, J. ---------------------------------------------------------- B.A.No. 8436 of 2011 ---------------------------------------------------------- Dated this the 3rd day of December, 2011 ORDER Petitioners, who are accused in Crime No.3015/2011 of Central Police Station for offences punishable under Sections 323, 308 and 34 of I.P.C, filed a petition as Crl.M.C.No.1553/2011 under Section 438 of the Code of the Criminal Procedure, before the Sessions Judge, Ernakulam, seeking an order to direct the respondent to release them on bail in the event of arrest with a plea that they are innocent of the allegations. By Annexure A1 order, the learned Sessions Judge dismissed the petition. Now seeking the same relief, this petition is filed. 2. Since it is submitted that the incident alleged in this case arose out of a faction fight between two groups of students in the Maharajas College, Ernakulam, the Govt. Pleader was asked to obtain a report from the Principal. The Govt. Pleader accordingly obtained a report wherein, it is stated that, petitioners 1 and2 are not at all students. Whereas, petitioners 3 and 4 are the students of the college and that now the college campus is silent and the college is functioning smoothly. The learned Sessions Judge while dismissing the petition had concluded that case diary revealed complicity of the petitioners and that the petitioners were hand-in- gloves in attacking the defacto complainant, who had sustained serious injuries. B.A.No. 8436 of 2011 2 3. Having heard either side, though I find no reason to arrive at a divergent conclusion, taking note that petitioners 3 and 4 are students and the functioning of the college has become normal, I find that it would be appropriate to release the petitioners 3 and 4 on conditions. In the result, this petition is disposed as follows: 1) All the petitioners are directed to surrender before the investigating Officer. After interrogation, petitioners 1 and 2 shall be produced before the Magistrate concerned so as to enable them to apply for regular bail. 2) Petitioners 3 and 4 shall be released on bail on executing a bond for Rs.20,000/- with two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following conditions: 1) The petitioners shall report before the Investigating Officer at 10.am on every Saturday. 2) Petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. 3) This order shall be in force for a period of one month, within which period the petitioners shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioners and produce them before the Magistrate concerned. P.S.GOPINATHAN, JUDGE su