IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1935 of 2008() ----------------------------- AGAINST THE ORDER DATED 06/02/2008 IN CMP.708/2008 IN CMP.707/2008 of J.M.F.C.-I,ATTINGAL CR.NO.71/08 OF ATTINGAL POLICE STATION .................... : PETITIONERS/ACCUSED 3,5,7 & 8 ------------------------ 1. PRAKASHAN NAIR @ CHANDRAN S/O. VIKRAMAN NAIR, AZHAKUNNU VEEDU PONGUMMOODU, MAVARTHALAKONAM DESOM, ULLOOR VILLAGE (A3) 2. RAJ KUMAR @ RAJU,S/O. SASIKUMAR REVATHI BHAVAN, ANAKUDI MURI PULIMATHU VILLAGE (A5) 3. RAJESH,S/O. SASIDHARAN PILLAI KUNNUMPURATHU VEEDU,CHITTATTINKARA DESOM ATTINGAL VILLAGE (A7) 4. VINOD, S/O. BHASKARAN, PARDERAVALA VEEDU,KOLLAMPUZHA, CHITTATTINKARA DESOM ATTINGAL VILLAGE (A8) BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.SHAJIN S.HAMEED RESPONDENTS: RESPONDENT ----------------------- THE C.I. OF POLICE, ATTINGAL POLICE STATTION,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 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1935 of 2008 ---------------------------------------- Dated this the 26th day of March 2008 O R D E R Application for regular bail. Petitioners are accused 3,4,7 and 8. Altogether there are twelve accused persons. They face allegations for offences punishable inter alia under Section 386 I.P.C. The alleged incident took place on 11/1/2008. Complaint was filed only on 31/1/2008. Petitioners were arrested on 03/02/2008. They continue in custody from that date. Investigation is not complete. Final report has not been filed so far. 2. The learned Public Prosecutor submits that the State has no objection against grant of regular bail to the petitioner with effect from 03/04/2008 by which date the petitioner shall be entitled for bail by default under the proviso to Section 167(2) Cr.P.C. I am satisfied that the petitioners can be granted regular bail. It is not necessary in these circumstances to advert to facts in greater detail in this order. 3. In the result, this petition is allowed. The petitioners shall be released on bail on the following terms and conditions: B.A.No.1935/08 2 i) The petitioners shall not be released on bail on the strength of this order prior to 03/04/2008. 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) 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.1935/08 3 B.A.No.1935/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007