IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 Bail Appl..No. 818 of 2008(Z) ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.439/2008 CRIME NO.35/2008 OF TALIPARAMBA POLICE STATION, KANNUR .................... PETITIONER/1ST ACCUSED : ----------------- K.M.ZAKARIYA, S/O.IBRAHIM, AGED 24 YEARS, KOZHUKKAL MADATHIL HOUSE, PERUVANA, KOVVERI AMSOM CHAPPARAPPADAVA DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT/COMPLAINANT: ------------- STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, KANNUR DISTRICT REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.818 of 2008 ---------------------------------------- Dated this the 13th day of February 2008 O R D E R Second application for regular bail. The petitioner is the first accused in a crime alleging offence punishable inter alia under Sections 324 and 308 read with 149 I.P.C. The petitioner belongs to the I.U.M.L and the victim belongs to C.P.M. The alleged incident took place on 12/1/2008. The petitioner was arrested on 15/1/2008. The victim, who was a passenger in the bus, was dragged out of the bus and was allegedly attacked. The petitioner continues in custody from 15/1/2008. An earlier application for regular bail filed by the petitioner was dismissed as per order dated 25/1/2008 in B.A.No.439/2008. I have adverted to facts in detail in the order dated 25/1/2008 referred above. It is not necessary for me to advert to facts in any greater detail in this order. This order must be read in continuation of the said order. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigating officer is granted reasonable B.A.No.818/08 2 further time to complete the investigation and appropriate safeguards are insisted and I am satisfied that regular bail can be granted to the petitioner subject to appropriate conditions. 3. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: i) The petitioner shall not be released on bail on the strength of this order prior to 18/02/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) He shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. iii) The petitioner shall make himself 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 his release and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) jsr B.A.No.818/08 3 B.A.No.818/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007