IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Bail Appl..No. 858 of 2008() ---------------------------- CMP.1008/2008 of J.M.F.C., KODUNGALLUR CRIME NO.110/08 OF KODUNGALLUR POLICE STATION .................... PETITIONER : ACCUSED 1 TO 4 ------------------------------- 1. SHIFTIN, S/O.MAICHEL @ SHIBU KADEPARAMBIL HOUSE, CHUNGOM, AZHIKKODE THRISSUR DISTRICT. 2. NIFTIN, S/O.MAICHEL @ SHIBU KADEPARAMBIL HOUSE, CHUNGOM, AZHIKKODE THRISSUR DISTRICT. 3. NIVIN, S/O.VARGHESE, PANJIKARAN ELATHIKKARA, PUTHENVELIKKARA. 4. JOJO, S/O.WILSON KADEPARAMBIL HOUSE, CHUNGOM AZHIKKODE, THRISSUR DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU RESPONDENTS: STATE ------------------ 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 14/02/2008 ALONG WITH BA NO.863/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. Nos. 858 & 863 OF 2008 ------------------------------------------------- Dated this the 14th day of February, 2008 ORDER These applications are filed by accused 1 to 6 in the same crime registered for offences punishable, inter alia, under Sec.308 of the IPC and Sec.27 of the Arms Act. Accused 1 to 4, who were arrested on 1.2.08, have prayed for regular bail; whereas accused 5 and 6 pray that directions under Sec.438 of the issued in their favour. 2. The alleged incident took place on 26/1/08. There are 3 injured persons. Two named persons - A1 and A2 and 8 others are shown as accused in the F.I.R. Accused 1 to 4 were arrested on 1.2.08. A5 and A6 apprehend imminent arrest. A dispute in a Church is the alleged motive. Swords and sticks were the weapons allegedly used. 3. The learned counsel for the petitioners submits that B.A. Nos. 858 & 863 OF 2008 -: 2 :- the petitioners are absolutely innocent. Inclusion of the allegation under Sec.308 of the IPC is totally unjustified. There are no circumstances which can justify such allegation against the petitioners. Accused 1 to 4 may be granted regular bail and accused 5 and 6 may be granted anticipatory bail, it is prayed. 4. Notice was given. The learned Public Prosecutor read over to me the nature of the alleged injuries suffered by the 3 injured persons. Applications for anticipatory bail and regular bail are not opposed. The learned Public Prosecutor only prays that appropriate conditions may be imposed. 5. Having considered all the relevant circumstances, I am satisfied that accused 1 to 4, who continue in custody from 1.2.08, can be released on bail and anticipatory bail can be granted in favour of accused 5 and 6. 6. In the result: (a) B.A.No.858/08 is allowed. The petitioners shall be released on bail on the following terms and conditions: (i) The petitioners shall execute bonds for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioners shall make themselves available for interrogation before the Investigating Officer on all Mondays and B.A. Nos. 858 & 863 OF 2008 -: 3 :- Fridays 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. (b) B.A.No.863/08 is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioners shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 21/2/08. They shall be released on regular bail on their executing bonds for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 5 p.m. on 22/2/08 and 23/2/08. During this period the Investigator shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioners shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months. Subsequently, they shall so make themselves available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. B.A. Nos. 858 & 863 OF 2008 -: 4 :- (iii) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law as if these directions were not issued at all; (iv) If the petitioners were arrested prior to their surrender on 21/2/08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.25,000/- each without any sureties undertaking to appear before the learned Magistrate on 21/2/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge