IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 Bail Appl..No. 2177 of 2008() ----------------------------- CRMP.555/2008 of J.M.F.C.-II,PERINTHALMANNA CRIME NO.40/08 OF WANDOOR POLICE STATION .................... : PETITIONER/ 7TH ACCUSED ---------------------------------------- ELAMCHEERI CHATHAN, S/O.REVI, PADAKALIPARAMBA, THIRUVALI AMSOM, NILAMBUR TALUK. BY ADV. SRI.S.A.ABDUL SALEEM SMT.PRIYA RAMESH RESPONDENTS: COMPLAINANT ------------------------ THE STATION HOUSE OFFICER, WANDOOR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2177 of 2008 ---------------------------------------- Dated this the 8th day of April 2008 O R D E R Application for regular bail. The petitioner is the seventh accused. Altogether there are 24 accused persons. They face allegations in a crime registered alleging offences punishable inter alia under Section 302 read with 149 I.P.C. The alleged incident took place on a football ground on 08/02/2008. While the match was going on there were disputes between the two groups about the manner of umpiring in the match. At the end of the match, they allegedly were involved in a fight. The petitioner is also alleged to be a member of an unlawful assembly. He is alleged to have shared the common object of the unlawful assembly. Members of the unlawful assembly are alleged to have attacked the members of the rival group with sticks, stones etc. The victim suffered injuries to which he succumbed later. The petitioner surrendered on 13/2/2008. He continues in custody from that date. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The petitioner has no criminal antecedents. No specific overt act is alleged against the petitioner. The petitioner is not named specifically in the F.I.R B.A.No.2177/08 2 also. In any view of the matter, the petitioner who remains in custody from 13/2/2008 may now be enlarged on bail. Some of the co-accused identically placed have already been granted regular bail by the learned Sessions Judge, it is further submitted. 3. The learned Public Prosecutor does not oppose the said prayer and I am satisfied in the facts and circumstances of this case that regular bail can be granted to the petitioner subject to appropriate conditions. 4. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: i) He shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) 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 two months and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) jsr B.A.No.2177/08 3 B.A.No.2177/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007