IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 Bail Appl..No. 8147 of 2007() ----------------------------- CRIME NO. 2202/07 OF ALUVA POLICE STATION .................... PETITIONER/ACCUSED NO.9 ---------------------------------------- SHABEER @ SHABI,S/O.MOOSSA, VADASSERYPPARAMBIL HOUSE,THADIKKAKADAVU, VELIYATHUNADU,KARUMALLOOR VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, ALUVA POLICE STATION. 2. THE CIRCLE INSPECTOR OF POLICE ALUVA POLICE STATION. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/01/2008, A/W. 8149 & 8151, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 8147, 8149 & 8151 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of January, 2008 O R D E R These applications are for regular bail. The petitioners are accused 1, 2, 4 to 6, 9, 11 and 12 in a crime registered for offences punishable, inter alia, under Sections 307 and 326 r/w. 149 I.P.C. The alleged incident took place on 27.11.2007. In prosecution of the common object of an unlawful assembly, of which the petitioners were members - 19 persons in all - they, with dangerous weapons like swords, iron bars and wooden sticks, allegedly attacked the defacto complainant and three others. Serious injuries were inflicted on the victims, including fractures. Investigation is in progress. Some of the co-accused remained to be apprehended. Some of them have already been enlarged on bail. The petitioners have been arrested on various dates between 29.11.07 and 12.12.2007. B.A.Nos. 8147, 8149 & 8150 of 2007 2 2. The learned counsel for the petitioners prays, the learned Prosecutor does not oppose the said prayer on condition that appropriate safeguards may be insisted and I am satisfied that the petitioners can be enlarged on bail now subject of course to appropriate conditions. 3. In the result: 1) These applications are allowed. 2) The petitioners shall be released on bail on the following terms and conditions. (a) 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 be satisfaction of the learned Magistrate. (b) They shall make themselves available for interrogation before the Investigating Officer on all Mondays between 10 a.m. and 1 p.m. for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. B.A.Nos. 8147, 8149 & 8150 of 2007 3 (c) The petitioners shall not, except for the purpose of complying with condition (b) above, enter the jurisdiction of Alwaye police station until further orders without the prior permission of the learned Magistrate. (R. BASANT) Judge tm