IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 Bail Appl..No. 5488 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.5108/2008 Dated 14/08/2008 CRIME NO.228/08 OF MUSEUM POLICE STATION PETITIONERS/ACCUSED 2ND AND 4 :- ------------------------------------------------- 1. SHYJU, AGED 24 YEARS, S/O THULASEEDHARAN TC 12/963,BARTON HILL,THIRUVANANTHAPURAM. 2. ALPHONSE CRUZ, AGED 32 S/O JOSEPH CRUZ, TC 12/842,BARTON HILL,KUNNUKUZHI, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5488 of 2008 ----------------------------------------- Dated this the 2nd September, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 326, 307 and 201 read with 34 of Indian Penal Code. Petitioners are accused 2 and 4 in the crime. They were arrested on 2.7.2008. According to prosecution, de facto complainant's husband, who is injured in this case and accused were close associates. The injured was in jail for some time and after his release, 1st accused wanted to meet him at his house. When he went to the house of the 1st accused, all the accused in this case assaulted the injured and the 1st accused chopped off his right hand by using a chopper. Petitioners who are accused 2 and 4 wrongfully restrained the injured and they committed the offence in furtherance of their common intention. 3. Learned Public Prosecutor submitted that the investigation has progressed considerably and hence, he has no objection in granting bail to the petitioners, but stringent conditions may be imposed. Hence, bail is granted to the petitioners on the following terms and conditions: BA.5488/08 2 i) Petitioners shall execute bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioners shall report before the investigating officer on every alternate day between 10 AM and 1 PM until further orders. iii). Petitioners shall not leave the limits of the police station within which the crime is registered, except with the previous permission of the Magistrate Court concerned. iv) Petitioners shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.