IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Bail Appl..No. 1323 of 2008() ----------------------------- CRIME NO. 528/07 OF BAKEL POLICE STATION CMP.738/2008 of J.M.F.C.-II,HOSDRUG .................... PETITIONER/A1 --------------------------- KAPPIL MOHAMMED PASHA AGED 52 YEARS, S/O. KAPPIL ABDUL KHADER RESIDING AT GREEN VILLA, BAKEL P.O., KASARAGODE DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENTS: STATE ------------------ STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 528 OF 2007 OF BAKEL POLICE STATION) BY PUBLIC PROSOECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1323 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of February, 2008 O R D E R Application for regular bail. The petitioner is the first accused. He faces allegations in a crime registered alleging offences punishable, inter alia, under Section 436 r/w.149 I.P.C. The petitioner had come to this Court earlier for anticipatory bail and such application was dismissed as per order dt. 4.1.2008 in B.A.No. 7959 of 2007. Some of the co-accused had surrendered later and they were granted regular bail as per order dt. 5.2.2008 in B.A.No. 771 of 2008. The petitioner had subsequently moved this court (another Bench) to quash the proceedings. That attempt did not also meet with success. It is in these circumstances that the petitioner was arrested by the Investigating Officer on 22.2.2008. It is stated by the counsel that the petitioner had surrendered and were not arrested. Be that as it may, he was remanded to custody and he continues in custody from that date. He is ill and is admitted in the hospital, it is submitted. B.A.No. 1323 of 2008 2 2. The learned counsel for the petitioner prays that the petitioner, who is absolutely innocent, may now be enlarged on bail, subject to appropriate terms and conditions. 3. Notice was given to the learned Prosecutor. The learned Prosecutor submits that the police have already interrogated the petitioner. The submission that the petitioner is ill and is hospitalised is also confirmed by the learned Prosecutor. In these circumstances he does not oppose the application for regular bail to the petitioner. 4. I am satisfied in the facts and circumstances of this case that the petitioner can also be enlarged on bail subject to identical conditions as were imposed on the co-accused. 5. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. B.A.No. 1323 of 2008 3 (b) 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 tm