IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Bail Appl..No. 1403 of 2008() ----------------------------- CRIME NO.342/07 OF TOWN NORTH POLICE STATION CRLMP.714/2008 of DISTRICT COURT, PALAKKAD .................... PETITIONERS/ACCUSED A1 - A6 -------------------------------------------- 1. RATHEESH, S/O. CHANDRAN, AGED 21 YEARS, VISHNU NAGAR, VADAKKANTHARA, PALAKKAD. 2. KUTTAN @ MIJESH, AGED 21 YEARS, S/O. SIVAN, KIZHAKKE VEEDU, PALLIPURAM, PALAKKAD. 3. MURALI, S/O. KUNJIMALI A.K., AGED 21 YEARS, MOOTHANTARA, PALAKKAD. 4. HARI @ VADAHARI, S/O. NARENDRAN, AGED 19 YEARS, SREERAMPALAYAM, VADAKKANTHARA, PALAKKAD. 5. SUBASH @ SHOKKAN SUBASH, S/O. KRISHNANKUTTY, AGED 20 YEARS, METTUTHERUVU, VADAKKANTHARA, PALAKKAD. 6. MADHU @ JEERAKAM, S/O. KRISHNANKUTTY, AGED 23 YEARS, MANAKKALTHODI, VADAKKANTHARA, PALAKKAD. BY ADV. SRI.K.ANAND RESPONDENTS: STATE & COMPLAINANT -------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR, TOWN NORTH POLICE STATION. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1403 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of March, 2008 O R D E R Application for regular bail. The petitioners are accused 1 to 6. Altogether there are 11 accused persons. They face allegations for offences punishable, inter alia, under Sections 326 and 308 R/W. 149 I.P.C. The alleged incident took place on 24.12.2007. The petitioners were arrested on 28.1.2008 and they continue in custody from that date. Prior animosity is the alleged motive. The victim has suffered multiple lacerated injuries. There was a prior conspiracy and the miscreants had gone to the victim in furtherance of the conspiracy hatched. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. It is prayed that they may be granted regular bail now, they having remained in custody from 28.1.2008. 3. The learned Prosecutor opposes the application. He submits that the allegations against the petitioners are serious. B.A.No. 1403 of 2008 2 The victim has suffered a serious injury. Release of the petitioners on bail would adversely affect the law and order situation. In these circumstances bail may not be granted to the petitioners. If this Court is inclined to grant bail, the Investigating Officer may be given reasonable further time to complete the investigation. Appropriate and strict conditions may be imposed in the interests of maintenance of law and order situation in the locality, submits the learned Prosecutor. 3. I have considered all the relevant inputs. I note that the petitioners have been continuing in custody from 28.1.2008. I am satisfied that the petitioners can now be directed to be enlarged on bail subject to appropriate conditions, which shall allay the apprehension of the learned Prosecutor. 4. 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 17.3.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. B.A.No. 1403 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 and thereafter as and when directed by the Investigating Officer in writing to do so. (d) Except for complying with condition © above, the petitioners shall not enter the Sessions Division of Palakkad without the prior permission of the learned Magistrate. (R. BASANT) Judge tm