IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Bail Appl..No. 1482 of 2008() ----------------------------- CRLMP.2401/2008 of J.M.F.C.-III, PUNALUR CRIME NO.148/2008 OF PUNALUR POLICE STATION .................... : PETITIONER/ACCUSED --------------------------- ANSAR, S/O.RASHEED, PALAVILA VEEDU NEAR RAILWAY STATION, CHEMMANTHOOR MURI PUNALUR VILLAGE. BY ADV. SRI. K.SIJU RESPONDENT/STATE: ------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, PUNALUR POLICE STATION THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1482 of 2008 ---------------------------------------- Dated this the 10th day of March 2008 O R D E R Application for regular bail. The petitioner faces allegations in a crime registered for offences punishable inter alia under Section 308 read with 34 I.P.C. The alleged incident took place on 17/2/2008. The petitioner was arrested on 22/2/2008. He continues in custody from that date. 2. The learned counsel for the petitioner submits that the petitioner is innocent. The injury suffered is not serious or grievous at all. The allegation under Section 308 I.P.C are raised unnecessarily. In any view of the matter, the petitioner may be granted regular bail, subject to appropriate conditions: 3. The learned Public Prosecutor does not oppose the application; but points out that the petitioner has criminal antecedents. He is an accused in a 302 I.P.C case. Appropriate conditions may be imposed, submits the learned Public Prosecutor. 4. I am satisfied that the petitioner can be granted regular bail subject to appropriate conditions now. Such conditions can be imposed which shall allay the apprehensions aired by the learned Public Prosecutor. B.A.No.1482/08 2 5. The learned counsel for the petitioner 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 I am satisfied that regular bail can be granted to the petitioner subject to appropriate conditions. 6. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: i) The petitioner shall not be released on bail on the strength of this order prior to 14/03/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) He shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. iii) The petitioner shall make himself 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 from the date of his release and thereafter as and when directed by the investigating officer in writing to do so. iv) He shall not during the said period of two months, enter the jurisdiction of the Punalur police station without the prior permission of the learned Magistrate except for the purpose of complying with condition No.3 above. (R.BASANT, JUDGE) jsr B.A.No.1482/08 3 B.A.No.1482/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007