IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Bail Appl..No. 1204 of 2008() ----------------------------- CRMP.675/2008 of J.M.F.C.,KUNNAMKULAM CRIME 81/08 OF VADAKKEKAD POLICE STATION .................... PETITIONERS ---------------------------- 1. SURESH, S/O. VELAYUDHAN, THANNIYIL VEETTIL, PUNNAYUR VILLAGE DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. 2. MUJEEB, S/O. KUNJUBAVA, OOKKAYIL VEETTIL, PUNNAYUR VILLAGE DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT. 3. KUNJUMOHAMMED, S/O. MOHAMMADALI, KANDANNATH VEETTIL, THEKKEPUNNAYUR DESOM, PUNNAYUR, THRISSUR DISTRICT. 4. SAIFUDHEEN, S/O. KADER, PATHIYERAKKAL HOUSE, PUNNAYUR VILLAGE, THRISSUR DISTRICT. BY ADV. SMT.K.S.SAIRA RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1204 OF 2008 A ```````````````````````````````````````````````````` Dated this the 4th day of March, 2008 O R D E R Application for regular bail. Petitioners face allegations in a crime registered for offences punishable, inter alia, under section 308 IPC. All other offences are bailable. The alleged incident took place on 7.2.08. The petitioners (A1 and A2) were arrested on 7.2.08 and the others (A3 and A4) were arrested on 8.2.08. They continue in custody from that date. On account of prior animosity towards the de facto complainant, a Panchayat member, the petitioners had allegedly attacked him with sword and iron rod. Investigation is not complete. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigating officer is granted reasonable further time to complete the investigation and appropriate BA.1204/08 : 2 : safeguards are insisted in the interests of law and order situation in the locality and I am satisfied that the petitioners can now be directed to be released on bail subject to appropriate conditions. 3. In the result, this petition is allowed. The petitioners shall be enlarged on bail on the following terms and conditions:- i) The petitioners shall not be released on bail on the strength of this order prior to 11.3.08. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) 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. iii) 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 three BA.1204/08 : 3 : 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 jurisdiction of Vadakkekad police station without the prior permission of the learned Magistrate except for the purpose of complying with condition No.(iii) above. (R.BASANT, JUDGE) aks