IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 Bail Appl..No. 2750 of 2010() ---------------------------------------- CMP.1234/2010 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM CRIME NO.261/2010 OF KOTHAMANGALAM POLICE STATION. .................... PETITIONERS/ACCUSED 2,3,5 AND 6 --------------------------------------------------- 1. DILEEP,AGED 28,S/O.VIJAYAN, AMMAPARAMBIL VEEDU, MINIPADI BHAGOM,CHELADU KARA, KOTHAMANGALAM. 2. RAJEEV,AGED 23,S/O.KUNJAN, KALLINGAPARAMBIL VEEDU,RAMALLOOR KARA, KOTHAMANGALAM. 3. BIJU,AGED 28,S/O.PAULOSE, VELLAMMAVUDI VEEDU,KARINGARA KARA,KOTHAMANGALAM. 4. MIRESH,AGED 26,S/O.MATHAI, PALAMMOOTTIL VEEDU,CHELAD KARA,PINDIMANA. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENT(S): RESPONDENT ------------------------ STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR MR.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 2750 of 2010 ------------------------------------ Dated this the 19th day of May, 2010 O R D E R This petition is for bail. 2. According to the prosecution, on 4.4.2010 at about 10 P.M., Petitioners (accused Nos. 2, 3, 5 and 6) along with other accused formed into an unlawful assembly committed the various offence by using sword etc. 3. Petitioners are in custody since 09.04.2010 for the past 40 days. Learned counsel for petitioner submitted that petitioners were actually assaulted by de facto complainant and others at petitioners house and they also sustained injuries and a crime was also registered against de facto complainant and others in respect of the same incident. 4. Learned Public Prosecutor conceded that there is a counter case in which offence under Section 326 is included. Taking into consideration, the stage of investigation and period of detention he has no objection in granting bail on conditions, it is submitted. 5. On hearing both sides, I am satisfied that bail can be B.A. No. 2750 of 2010 2 granted on conditions. Hence following order is passed. Petitioners shall be released on bail on their executing bond for Rs. 50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall appear before the Investigating Officer on every Monday and Thursday, between 10 A.M. and 1 P.M., until further orders. ii) Petitioner shall not leave the limits of police station within which the incident has occurred, except for compliance of condition No.1, until further orders. iii) Petitioner shall not influence or intimidate any witnesses or tamper with the evidence. This petition is allowed. K. HEMA, JUDGE ln