IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Bail Appl..No. 2158 of 2008() ----------------------------- CRIME NO. 49/08 OF BEYPORE POLICE STATION .................... PETITIONERS/ACCUSED NOS.1 AND 2: ------------------------------------------------- 1. MUJEEB, S/O. MOIDEENKOYA, AGED 28 YEARS, CHEKKINTAKATH HOUSE, BEYPORE AMSOM, DESOM, KOZHIKODE TALUK. 2. NAJEEB, S/O. MOIDEENKOYA, AGED 22 YEARS, CHEKKINTAKATH HOUSE, BEYPORE AMSOM, DESOM, KOZHIKODE TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, BEYPORE POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2158 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of April, 2008 O R D E R Application for regular bail. The petitioners are accused 1 and 2. Altogether there are three accused persons. The alleged incident took place on 18.3.2008. The petitioners were arrested on 19.3.2008 and they continue in custody from that date. Allegations are raised for offences punishable, inter alia, under Sections 308 and 452 I.P.C. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. The victim has suffered no injury whatsoever. Allegation under Section 308 I.P.C. is raised with transparent malafides. The victim has not even suffered a scratch of an injury. The influential complainant is prevailing upon the police to initiate vexatious action against the petitioners. They may now be granted regular bail, it is prayed. 3. The learned Prosecutor does not oppose the application. He confirms that the victim has not suffered any injury worth the B.A.No. 2158 of 2008 2 name. In these circumstances I am satisfied that the petitioners, who remain in custody from 19.3.2008, can now be enlarged on bail subject to appropriate terms and conditions. 4. In the result: 1) This application is allowed. 2) The petitioners shall be released on bail on the following terms and conditions. (a) The petitioners shall execute bonds for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm