IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 Bail Appl..No. 4516 of 2008() ----------------------------- CRMP.4551/2008 of J.M.F.C.,CHITTUR CRIME NO.228/08 OF CHITTUR POLICE STATION PETITIONER ----------------- 1. VIJAYA KUMAR @ BIJU S/O.NARAYANAN, AVINJIKKATTIL HOUSE KIZHAKKENCHERY. 2. KUTTAN @ REJEESH, S/O.ARUMUGHAN MARAMPOTTA, UPPADA, NILAMBUR BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARYAN RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.4516 of 2008 ----------------------------------------- Dated this the 23rd July, 2008 O R D E R This petition is for bail. 2. The alleged offences is under Section 397 read with Section 34 of Indian Penal Code. Petitioners are accused 1 and 2 in the crime. They are in custody from 4.6.2008 onwards. Learned Public Prosecutor submitted that he is not opposing the bail application in the case of second petitioner, since he is not involved in any other case. But he has objection in granting bail to the first petitioner, since he is involved in various other cases of similar nature. 3. On hearing both sides, I find that bail can be granted to the second petitioner. Hence, the second petitioner is granted bail on the following terms and conditions: i) Second petitioner/second accused shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. 2 ii) Second petitioner shall report before the investigating officer on every Monday and Thursday between 10 AM and 1 PM until further orders. iii). Second petitioner shall not commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. iv) The prayer for bail by the first petitioner is refused at this stage. Petition is partly allowed. K.HEMA, JUDGE vgs.