IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 Bail Appl..No. 8103 of 2007(A) ------------------------------ CRIME NO.355/2007 OF KARAMANA POLICE STATION : PETITIONER/ACCUSED ----------------------------------- AKHIL KUMAR @ KUTTEN, VIJAYPURI, KOCHAR ROAD, JAGATHY, THIRUVANANTHAPURAM. BY ADV. SRI.V.VINOD KUMAR (NEMAM) SRI.SHERRY J. THOMAS SMT.P.K.DIVYA RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. SUB INSPECTOR OF POLICE, KARAMANA POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.8103 of 2007 ---------------------------------------- Dated this the 7th day of January 2008 O R D E R Application for regular bail. The petitioner is the seventh accused in the crime. He faces allegations along with the co- accused for offences punishable inter alia under Section 302 I.P.C. The crux of the allegations is that in prosecution of a conspiracy between accused 2 and 10, accused 1 to 9 had allegedly attacked the deceased persons - two in number and caused vital injuries on such victims who succumbed to those injuries. The petitioner was arrested on 18/10/2007. He had come to this court with an earlier application for regular bail. The same was rejected as per order dated 7/12/2007 in B.A.Nos.7529 & 7661 of 2007. Investigation is in progress. Final report has not yet been filed. 2. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the investigation is not complete. The period of ninety days would expire on 17/1/2008. The police have no objection against grant of regular bail to the petitioner subject to the condition that the B.A.No.8103/07 2 investigator is given the full compliment of ninety days to complete the investigation. It is improbable, nay impossible, that the final report would be filed before 17/1/2008, submits the learned Public Prosecutor. 3. I am in these circumstances satisfied that the petitioner can be granted bail with effect from 17/1/2008, on which day he will be entitled to be released on bail under the proviso to Section 167(3) Cr.P.C. 4. 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 17/01/2008. 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 three B.A.No.8103/07 3 months from the date of his release and thereafter as and when directed by the investigating officer in writing to do so. iv) The petitioner shall not enter the jurisdiction of Karamana police station until further orders without the prior permission of the learned Magistrate except for the purpose of complying with condition No.iii) above. (R.BASANT, JUDGE) jsr B.A.No.8103/07 4 B.A.No.8103/07 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007