IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 Bail Appl..No. 423 of 2008() ---------------------------- CMP.249/2008 of J.M.F.C.,KASARAGOD CRIME NO.13/08 OF KUMBLA POLICE STATION .................... : PETITIONERS/ACCUSED ------------------------------------ 1. SHIVAPRASAD @ THOPPI SHIVA , AGED 25 YEARS, S/O. DIVAKARA, NAIKAPPU, KOIPPADY VILLAGE. 2. V.MAHENDRA,S/O.VASANTHA, AGED 25 YEARS ICHILAMPADY HOUSE, ICHILAMPADY VILLAGE 3. SREEKANTH @ KANTHAPPA, S/O. JAYA GATTY AGED 25 YEARS, MAJEMKAVY HOUSE, EDANAD. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.423 of 2008 ------------------------------------- Dated this the 31st day of January, 2008 ORDER Application for regular bail. Petitioners are accused 1 to 3. Altogether 6 accused persons were named in the F.I.R. 3 of them have subsequently been deleted from the array of accused. The alleged incident took place on 07.01.08. The petitioners were arrested on 09.01.08. They continue in custody from that date. They face allegations in a crime registered for offences punishable, inter alia, under Sections 308 and 324 I.P.C. The incident was one between 2 political groups - C.P.I and B.J.P. Victim belongs to the C.P.I. The petitioners allegedly belong to the B.J.P. The crux of the allegations is that the victim, who was travelling in a public transport vehicle (bus), was dragged out of the bus and brutally assaulted by the miscreants including the petitioners herein. Dangerous weapons were used. Serious injuries were suffered by the victim. The victim has already been discharged from the hospital. The petitioners continue in custody from that date. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can now be granted regular bail B.A.No.423 of 2008 2 subject to appropriate terms and conditions. The learned Public Prosecutor submits that appropriate conditions may be imposed to ensure that the law and order situation in the locality is not put to jeopardy. 3. 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.1,00,000/- (Rupees One lakh 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; iii) During the said period of 2 months, the petitioners shall not enter the Sessions Division of Kasaragod without prior permission of the learned Magistrate except for the purpose of complying with condition No.(ii) above. (R.BASANT, JUDGE) rtr/- B.A.No.423 of 2008 3