IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 Bail Appl..No. 2004 of 2008() ----------------------------- [CRIME NO.44/08 OF IRIKKOOR POLICE STATION] : APPLICANT/ACCUSED NO.2 & 3: -------------------------------------------- 1. AHAMED BAPPAN, S/O. MUHAMMED KUNHI, MAHASANA MANZIL, ANANGODE, KASARAGODE. 2. ABDUL SAMAD, S/O. ABOOBACKER, AMINA MANZIL, MEPURGIRI, KASARAGODE. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2004 of 2008 ---------------------------------------- Dated this the 2nd 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 under Sections 452 and 395 I.P.C. They had come to this court earlier with an application for anticipatory bail and this court, by order dated 12/3/2008 in B.A.No.1520/2008 had rejected their application for anticipatory bail. The petitioners later surrendered before the learned Magistrate on 15/3/2008. They continue in custody from that date. 2. I have adverted to facts in detail in the order referred above. It is not necessary for me to advert to facts in any greater detail in this order. This order must be read in continuation of the said order. To put it in a nutshell, the petitioners, along with some others were employed by the first accused to indulge in acts of crime against the de facto complainant, a close relative of his. The petitioners were thus allegedly imported from the neighbouring district to indulge in acts of criminality. The co- accused, who were arrayed as accused after the arrest of the petitioners have also surrendered on 25/3/2008. Investigation is not complete. B.A.No.2004/08 2 3. The learned counsel for the petitioners 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 petitioners subject to appropriate conditions. 3. In the result, this petition is allowed. The petitioners shall be released on bail on the following terms and conditions: i) The petitioners shall not be released on bail on the strength of this order prior to 11/04/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) They shall execute bonds for Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. iii) The petitioners shall make themselves 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 their release and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) jsr B.A.No.2004/08 3 B.A.No.2004/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007