IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Bail Appl..No. 8101 of 2007() ----------------------------- CRIME 166/07 OF ATHOLI POLICE STATION PETITIONERS/ACCUSED NOS.2 AND 3 ------------------------------------------------ 1. BHASKARAN, S/O.KUTTIPERAVAN, AGED 56 YEARS, KIZHAKKE KAPPIL HOUSE, ATHOLI P.O., KOYILANDY TALUK. 2. SHAMEER K., S/O.HASSAN, AGED 31 YEARS, KAMMILI HOUSE, ATHOLI (PO), KOYILANDY TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, ATHOLI POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 8101 OF 2007 ```````````````````````````````````````````````````` Dated this the 2nd day of January, 2008 O R D E R Application for regular bail. Petitioners are accused Nos.2 and 3. They face allegations under Section 302 IPC. They along with the 1st accused had come to this Court. The 1st accused sought regular bail and the petitioners sought anticipatory bail. By common order dated 22.11.07 in BA. Nos.6959/07 and 6850/07, the claim of the petitioners for anticipatory bail was rejected and regular bail was granted to the 1st accused. The petitioners later surrendered before the learned Magistrate on 5.12.07. They continue in custody from that date. 2. The alleged incident took place on 14.9.07. The deceased was allegedly pushed into water by the accused persons, who were friendly with the deceased, consequent to a dispute regarding payment of money prior to commencement of a card game. The deceased was in BA.8101/07 : 2 : hospital from 14.9.07 to 22.9.07. He was discharged on 22.9.07. He became seriously ill later. He was re-admitted to another hospital on 1.10.07 where he breath his last on 2.10.07. I have adverted to the facts in detail in the order dated 22.11.07. This order must be read in continuation of the said order and I am not, hence, adverting to the facts in any greater detail in this order. 3. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that regular bail can be granted to the petitioners subject to identical conditions as were imposed on the co-accused. 4. In the result, this petition is allowed. The petitioners shall be released on bail on the following terms and conditions: i) The petitioners 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 BA.8101/07 : 3 : Magistrate. ii) 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 three 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) aks