IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Bail Appl..No. 1541 of 2008() ----------------------------- CMP.1393/2008 of J.M.F.C.,MAVELIKKARA CRIME NO.202/07 OF MAVELIKKARA POLICE STATION .................... : PETITIONER/3RD ACCUSED --------------------------------------- SANTHOSH, S/O.BABUKUTTAN, VALUPARAMBIL VEEDU, KANNAMANGALAM VILLAGE, MAVELIKKARA TALUK. BY ADV. SRI.R.SUNIL KUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY C.I. OF POLICE, MAVELIKKARA. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1541 & 1549 of 2008 ---------------------------------------- Dated this the 12th day of March 2008 O R D E R Applications for regular bail. Petitioners are accused 2 and 3. Altogether there are six accused persons. In the F.I.R only the first accused is named. The others have been brought on the array of accused in the course of investigation. The incident took place when a temple festival was going on. Churika was the weapon allegedly used. Injuries including fracture of the left little finger is noted. The incident took place on 17/5/2007. The second accused was arrested on 19/2/2008 whereas the third accused has surrendered on 25/2/2008. Investigation is not complete. Final report has not been filed. 2. The learned counsel for the petitioners submits that the petitioners are innocent. They are not named in the F.I.R. Allegations have subsequently been raised without any bona fides. In any view of the matter, the petitioners who have remained in custody from 19/2/2008 and 25/2/2008 may now be released on bail, submits the learned counsel for the petitioners. It is also pointed out that the co-accused who is named in the F.I.R has already been arrested and enlarged on bail. 3. The learned Public Prosecutor does not oppose the application; but prays that the investigating officer may be given B.A.No.1541/08 2 some further time to complete the investigation and I am satisfied that regular bail can be granted to the petitioners subject to appropriate conditions. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to facts in any greater detail in this order. 4. In the result, these petitions are 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 17/03/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) They shall execute bonds for Rs.50,000/- (Rupees fifty thousand only) 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.1541/08 3 B.A.No.1541/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007