IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Bail Appl..No. 2292 of 2008() ----------------------------- CRIME NO. 226/08 OF KASARAGOD POLICE STATION CMP.2049/2008 of J.M.F.C.,KASARAGOD .................... PETITIONER/ACCUSED NOS.2 & 3 --------------------------------------------- 1. SEETHARAMAN, S/O.SANKARAN, ASHOK NAGAR, MUNICIPALITY QUARTERS, KASABA GRAMAM. 2. S.PRAVEENKUMAR S/O.SOMAPPA, KELUGUDDE, KUDLU VILLAGE. BY ADV. SRI.ALAN PAPALI SRI.SOJAN MICHEAL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2292 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of April, 2008 O R D E R Application for regular bail. The petitioners are accused 2 and 3. They face allegations in a crime registered alleging offences punishable, inter alia, under Sections 153A and 307 I.P.C. The alleged incident took place on 20.3.2008. The petitioners were arrested on 23.3.2008. 2. The crux of the allegations against the petitioners is that they along with others were involved in the attack on a person belonging to the Muslim community, who had unfortunately met with an accident while he was riding on his motor cycle. The defacto complainant, who was travelling in a bus, saw the said victim being attacked by others. He got down from the bus and allegedly went to the victim. He was also attacked. It is alleged that such words were used, which was derogatory to communal harmony. It is in these circumstances that allegations are raised. B.A.No. 2292 of 2008 2 3. The learned Prosecutor submits that the wound certificate is not available in the case diary. No allegation under Section 326 I.P.C. has, at any rate, been raised. 4. The learned counsel for the petitioners pray, the learned Prosecutor does not oppose the said prayer and I am satisfied that the petitioners, who have been remaining in custody from 23.3.2008, can now be directed to be enlarged on bail subject to appropriate terms and conditions. The request of the learned Prosecutor for some further time to complete the investigation and for imposition of appropriate conditions which shall safeguards the interests of the law and order situation can, of course, be imposed. 5. In the result: 1) This application is allowed. 2) The petitioners shall be released on bail on the following terms and conditions. (a) The petitioners shall not be released from custody on the strength of this order prior to 19.4.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. B.A.No. 2292 of 2008 3 (b) They shall execute bonds for Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (c) They shall make themselves available for interrogation before the Investigating Officer on all Mondays between 10 a.m. and 12 noon 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. (d) During the said period of two months, the petitioners shall not enter the Sessions Division of Kasargode except for the purpose of complying with condition (c) above, without the prior permission of the learned Magistrate. (R. BASANT) Judge tm