IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Bail Appl..No. 1523 of 2008() ----------------------------- CMP.1397/2008 of J.M.F.C.,KASARAGOD CRIME NO.90/2008 OF KASARAGOD POLICE STATION .................... : PETITIONES/ACCUSED ----------------------------------- 1. SREEJITH, AGED 25 YEARS, S/O.NARAYANAN,BOOPAS COMPOUND OPPOSITE VIKAS BHAVAN, MADHUR ROAD KASARAGOD KASABA. 2. VIJITHRAJ, AGED 20 YEARS S/O.BHASKARAN, NARAYANAMANGALAM HOUSING COLONY KUMBALA,NOW AT NEAR KARANTHAKKAD MALLIA HOSPITAL HOUSE OF SUGANTHI. BY ADV. SRI.K.P.HARISH RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE STATION HOUSE OFFICER (CRIME NO.90 OF 2008 OF KASARAGOD POLICE STATION KASARAGOD DISTRICT. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1523 of 2008 ---------------------------------------- Dated this the 10th day of March 2008 O R D E R Application for regular bail. Petitioners are accused 3 and 4. Altogether there are five accused persons. They face allegations in a crime registered under Section 308 I.P.C. The alleged incident took place on 28/1/2008. An autorickshaw was damaged and the autorickshaw driver was allegedly attacked. Prior personal animosity is the alleged motive. Fairly serious injuries - lacerated wounds have been suffered by the victim. Petitioners were arrested on 27/2/2008. The co-accused have not been arrested yet. The petitioners remain in custody from 27/2/2008. 2. 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 petitioner subject to appropriate conditions. 3. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: B.A.No.1523/08 2 i) The petitioners shall not be released on bail on the strength of this order prior to 15/03/2008. 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.1523/08 3 B.A.No.1523/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007