IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Bail Appl..No. 923 of 2008() ---------------------------- CRIME NO.80/2008 OF KOYILANDY POLICE STATION : PETITIONERS/ACCUSED ------------------------------------ 1. SUDEESH, S/O.RAGHAVAN, 24/08 YEARS, MADATHIL HOUSE, NADERI AMSOM, KAVUMVATTOM DESOM, KOYILANDY. 2. PRASAD, S/O.PRABHAKARAN, 27/08 YEARS, KOLLORAM KANDI HOUSE, NADERI AMSOM, KAVUMVATTOM DESOM, KOYILANDY. 3. BABU, S/O.BALAN, 24 YEARS, PARAYCHAL MEETHAL HOUSE, NADERI AMSOM, KAVUMVATTOM DESOM, KOYILANDY. 4. SANTHOSH, S/O.KUMARAN, 24/08 YEARS, ODAKKAL VEEDU, NADERI AMSOM, KAVUMVATTOM DESOM, KOYILANDY. 5. SUKUMARAN, S/O.GOVINDAN NAIR, 38/08 YEARS, MEERANGATTU HOUSE, NADERI AMSOM, KAVUMVATTOM DESOM, KOYILANDY. BY ADV. SRI.N.NAGARESH RESPONDENTS: STATE & COMPLAINANT -------------------------------- 1. STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, KOYILANDY POLICE, KOYILANDY. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.923 of 2008 ------------------------------------- Dated this the 18th day of February, 2008 ORDER Application for regular bail. Petitioners are accused 10, 4, 8, 6 & 3 respectively in a crime registered for offences punishable, inter alia, under Sections 324 and 307 r/w 149 I.P.C. 10 persons named in the F.I.R and 50 others identifiable are shown as accused. Political animosity is the alleged motive. There are 2 victims who have suffered injuries. Dangerous weapons were allegedly used for the commission of the offences. Injured belong to the C.P.M and the petitioners do allegedly belong to the B.J.P. Investigation is in progress. The petitioners were arrested on 27.01.08 and 28.01.2008. 2. The learned counsel for the petitioners submits that the petitioners are innocent. Because of political animosity, false and vexatious allegations are raised against the petitioners. The petitioners may now be enlarged on bail they having remained in custody from 27.01.08 and 28.01.08. 3. The learned Public Prosecutor opposes the application. Allegations are serious. A tense law and order situation prevails in the locality. The petitioners may not, in these circumstances, B.A.No.923 of 2008 2 be released. If at all they are released, appropriate and strict conditions may be imposed in the interests of a fair, efficient and expeditious investigation as also in the interests of maintenance of law and order in the locality. 4. Having considered all the relevant inputs, I am persuaded to agree that the petitioners can be granted regular bail subject of course to appropriate conditions which shall allay the apprehension aired by the learned Public Prosecutor. 5. In the result, this application is allowed. The petitioners shall be released on bail on the following terms and conditions. i) The petitioners shall not be released on the strength of this order prior to 25.02.2008. The Investigators shall in the meantime make every endeavour to complete the investigation; ii) The petitioner shall execute bonds for Rs.1,00,000/- (Rupees One lakh 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 for a period of 3 months from the date of B.A.No.923 of 2008 3 their release and thereafter as and when directed by the Investigating Officer in writing to do so; iv) During the said period of 3 months, the petitioners shall not enter the Sessions Division of Kozhikode without the prior permission of the learned Magistrate except for the purpose of complying with condition (ii) above. (R.BASANT, JUDGE) rtr/-