IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1639 of 2008() ----------------------------- CR. NO. 398/07 OF KODAKARA POLICE STATION CMP.1881/2008 of J.M.F.C.,IRINJALAKUDA .................... PETITIONER : 3RD ACCUSED ---------------------------- SUDHEESH, S/O.SUDHAN, AGED 23 YEARS KOOTUNGAL HOUSE, CHETTIKKAD KARA MOOTHAKUNNAM VILLAGE, PARAVOOR TALUK ERNAKULAM DISTRICT. BY ADV. SMT.K.V.RESHMI RESPONDENTS: STATE ------------------ 1. S.I. OF POLICE, KODAKARA POLICE STATION 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1639 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2008 O R D E R Application for regular bail. The petitioner, a person aged about 23 years, faces indictment as the third accused in a prosecution under Section 399 I.P.C. Investigation is complete. Final report has already been filed. The petitioner had come to this Court earlier with a prayer for anticipatory bail and as per order dt. 15.2.08 in B.A. 883 of 2008 the said prayer was rejected. Facts have been adverted to in detail in that order. This order must be read in continuation of that order. 2. After the dismissal of the application for anticipatory bail the petitioner surrendered before the learned Magistrate on 3.3.2008. He continues in custody from that date. 3. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can now be directed to be enlarged on bail, subject to appropriate terms and conditions. Final report B.A.No. 1639 of 2008 2 having already been filed and the learned Prosecutor not opposing the application, it is not necessary for me to advert to facts in any greater detail in this order. 4. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on condition that he executes a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (R. BASANT) Judge tm