IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 Bail Appl..No. 921 of 2008() ---------------------------- CMP.676/2008 of J.M.F.C.,VADAKKANCHERRY CR.NO.39/08 OF PAZHAYANNUR POLICE STATION .................... : PETITIONER/ACCUSED ----------------------------------- 1. SIVASANKARAN,AGED 49 YEARS S/O. CHUKRAN, KUNDUPARAMBU COLONY, THIRUVILWAMALA P.O.,KANIYARKKODE VILLAGE. 2. K.C.VELAYUDHAN, AGED 45 YEARS, S/O. CHAKKANDI, KOTTADUKUNNU HOUSE THIRUVILWAMALA P.O.THIRUVILWAMALA VILLAGE. 3. C.BALAKRISHNAN, AGED 42 YEARS S/O. CHELLAN, KOOTTALA COMPANIPADI KANIYARKKODE P.O., KANIYARKKODE VILLAGE. 4. V.KUMARAN,AGED 37 YEARS,S/O.VELAYUDHAN MALAVATTOM, THIRUVILWAMALA. 5. SUDHEER,POOLAKKAL VEEDU PAMBADI P.O., PAMBADI VILLAGE. 6. C.A.RADHAKRISHNAN,AGED 40 YEARS S/O. AYYAPPAN, KUNNATH VEEDU KUTHAMBULLY P.O., KANIYARKKODE VILLAGE. 7. DEVANANDAN, AGED 31 YEARS S/O.BALAN,PANDALLOORPADI,KANIYARKKODE P.O. KANIYARKKODE VILLAGE. 8. PRAKASAN, AGED 30 YEARS CHAZHIYOTTIL HOUSE,KANIYARKKODE VILLAGE. 9. MOHAMMEDKUTTY ,AGED 58 YEARS S/O.ABOOBACKER,KALLARAKAL HOUSE LAKKIDI VILLAGE, OTTAPPALAM. 10. KRISHNANKUTTY, AGED 39 YEARS CHELAKKATTUKUNNU, PAMBADI VILLAGE. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PAZHAYANNUR. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.921 of 2008 ---------------------------------------- Dated this the 14th day of February 2008 O R D E R Application for regular bail. The petitioners face allegations in a crime registered for offences punishable inter alia under Section 307 I.P.C. There was a conflict and dispute between the activists of the A.I.T.U.C and C.I.T.U. Police party came in to restore order. The ire of the petitioners was turned against the police. Stones were allegedly thrown at the police. Ten members of the police party as well as three of the C.I.T.U had allegedly suffered injuries. One of the police officials suffered a grievous hurt - fracture. The alleged incident took place on 28/1/2008. The petitioners allegedly surrendered on 4/2/2008. They continue in custody from that date. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigating officer is granted reasonable further time to complete the investigation and appropriate conditions are imposed and I am satisfied that regular bail can be granted to the petitioners subject to appropriate conditions. B.A.No.921/08 2 3. In the result, this petition is allowed. The petitioners shall be released on bail on the following terms and conditions: i) The petitioners shall not be released on bail on the strength of this order prior to 25/02/2008. 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.921/08 3 B.A.No.921/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007