IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Bail Appl..No. 2149 of 2008() ----------------------------- CMP.1026/2008 of J.M.F.C.-II,HOSDRUG CRIME NO.54/08 OF CHITTARIKKAL POLICE STATION .................... : PETITIONERS/ACCUSED: ------------------------------------- 1. V.K. PRADEEPAN, AGED 26 YEARS (A1), S/O. KRISHNAN, CHELOTTU, JEERAKAPPARA, BHEEMANADY VILLAGE. 2. VINEETH T., AGED 22 YEARS (A2), S/O. KARTHIYAYANI, THEERTHANGAM VEEDU,CHELOTTU, BHEEMANADY VILLAGE. 3. KUNHIKRISHNAN, AGED 30 YEARS (A4), S/O. MANIKKAM, KURUVATTU VEEDU, JEERAKAPPARA, BHEEMANADY VILLAGE. 4. M.C. MADHAVAN, AGED 50 YEARS (A5), S/O. CHIRUKANDAN, VAZHAKODAN VEEDU, JEERAKAPPARA, BHEEMANADY VILLAGE. 5. M.V. KOTTAN, AGED 65 YEARS (A6), S/O. THERU, VELLUR VEEDU, JEERAKAPPARA, BHEEMANADY VILLAGE. 6. K.V. RAJESH, AGED 19 YEARS (A8), S/O. RADHAKRISHNAN, VELLUR VEEDU, JEERAKAPPARA, BHEEMANADY VILLAGE. 7. RATHEESH V.K., AGED 20 YEARS (A9), S/O. KUNHIKRISHNAN, JEERAKAPPARA, BHEEMANADY VILLAGE. 8. KARIKUTTY, AGED 50 YEARS (A11), S/O. RAMAN, VAZHAKKODAN VEEDU, JEERAKAPPARA, BHEEMANADY VILLAGE. 9. M. KUNHIRAMAN, AGED 40 YEARS (A12), S/O. ALAMI, MANIYERI VEEDU, JEERAKAPPARA, BHEEMANADY VILLAGE. BY ADV. SRI.T.K.VIPINDAS RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING, S.H.O. CHITTARIKKAL POLICE STATION. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2149 of 2008 ------------------------------------- Dated this the 7th day of April, 2008 ORDER Application for regular bail. Petitioners are accused 1,2,4,5,6,8,9,11 and 12 in a crime registered alleging offences punishable, inter alia, under Sections 307 and 332 r/w 149 I.P.C and the provisions of the P.D.P.P Act. The alleged incident took place on 19.03.08. The petitioners were arrested and they remain in custody from 22.03.08. Investigation is not complete. 2. The crux of the allegations is that when a police party reached the scene of crime on getting information about a tussle that was going on at the scene of the crime, the petitioners attacked the police party causing injuries to 4 police constables. The injury suffered were all simple injuries. 3. The learned Public Prosecutor in reply to a specific query by this Court fairly submits that the police officials had suffered only simple injuries and that the police, in these circumstances, does not want to oppose the application for regular bail filed by the petitioners. B.A.No.2149 of 2008 2 4. I am satisfied that the petitioners can be granted regular bail subject to appropriate conditions. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. I note all the relevant circumstances including the circumstance that the victim police officials had suffered only very simple and insignificant injuries. 5. In the result, this application is allowed. The petitioners shall be released on bail on the following terms and conditions. i) The petitioners shall execute bonds for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) 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 and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-