IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1822 of 2008() ----------------------------- CRIME 41/08 OF CHOKLI POLICE STATION .................... PETITIONERS/ACCUSED NOS. 1,2,5 & 6 (UNDER CUSTODY) ------------------------------------------------------------------ 1. SUDHEEPAN, S/O.BHASKARAN, AGED 23, KINARULLATHIL, OLAVILAM P.O., THALASSERY TALUK, KANNUR DISTRICT. 2. KISHORE, S/O.RAJAN, AGED 28, THAZHE THARAL, OLAVILAM P.O., THALASSERY TALUK, KANNUR DISTRICT. 3. ROOPESH, S/O.GOPI @ GOVINDAN, AGED 28, KOTTEPUTHIYA VEETTIL, OLAVILAM P.O., THALASSERY TALUK, KANNUR DISTRICT. 4. VINEESH, S/O.GOPALAN, AGED 23, CHANGARA, P.O.OLAVILAM, THALASSERY TALUK, KANNUR. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENTS: COMPLAINANT & FORMAL PARTY --------------------------------------- 1. STATE OF KERALA TO BE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICE, CHOKLI POLICE STATION, CHOKLI, THALASSERRY. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1822 OF 2008 C ```````````````````````````````````````````````````` Dated this the 24th day of March, 2008 O R D E R Application for regular bail. Petitioners are accused Nos.1, 2, 5 and 6. They are the only accused now facing allegations all others having been dropped from the array of accused. They face allegations in a crime alleging offences punishable, inter alia, under sections 326 and 308 IPC. The alleged incident took place on 20.1.08. The petitioners surrendered on 1.2.08. The petitioners allegedly belong to the CPI(M). The victim allegedly belongs to the BJP. The petitioners remain in custody from 1.2.08. 2. The learned counsel for the petitioners prays the learned Public Prosecutor does not oppose the said prayer on condition that appropriate safeguards are insisted in the interests of the law and order situation in the locality and I am satisfied that the petitioners, who have remained in custody from 1.2.08, can now be directed to be released on bail subject to appropriate conditions. BA.1822/08 : 2 : 3. In the result, this petition is allowed. The petitioners shall be enlarged on bail on the following terms and conditions:- i) The petitioners 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. ii) The petitioners shall not, except for the purpose of complying with condition No.(iii) below, for a period of three months, enter the Sessions Division of Thalassery, without the prior permission of the learned Magistrate. iii) During the said period of three months, the petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) aks