IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Bail Appl..No. 2304 of 2008() ----------------------------- CMP.3074/2008 of J.M.F.C.,CHAVAKKAD CRIME NO.62/08 OF CHAVAKKAD POLICE STATION .................... APPLICANTS : ACCUSED NO.2 & 3: ---------------------------------- 1. KABEER, S/O.ABOOBACKER, KALLATINKAL VEEDU, NARIKUNHI, SAID NAGAR, PALAKKAD NORTH VILLAGE, PALAKKAD. 2. YOONUS, S/O.FASALUDDEEN, H.S.NO.20/135, POOLAKKAD PUTHUPALLITHERUVU, HIDAYATHUL NAGAR, YAKKARA VILLAGE, PALAKKAD. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2304 of 2008 ------------------------------------- Dated this the 10th day of April, 2008 ORDER Application for regular bail. Petitioners are accused 2 and 3. Altogether there are 9 accused persons arrayed now, submits the learned Public Prosecutor . The petitioners along with co-accused face allegations under Section 399 I.P.C. On 19.01.08, the offence was detected and the 1st accused was arrested. The petitioners could not be arrested. The 1st accused arrested on 19.01.08 has already been released on bail as per order dated 11.02.08 in B.A.No.801 of 2008. The petitioners were not available for arrest on 19.01.08. They surrendered before the learned Magistrate on 19.03.08. They continue in custody from that date. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose and I am satisfied that the petitioners can also be granted regular bail subject to identical conditions as were imposed on the co-accused (the 1st accused as per order dt.11.02.08 in B.A.No.801/08). B.A.No.2304 of 2008 2 3. In the result, this application is allowed. The petitioners shall be released on bail on the following terms and conditions. i) 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 the satisfaction of the learned Magistrate; ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays, Wednesdays and Fridays for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so; iii) The petitioners shall not leave the Sessions Division of Trichur until further orders without the prior permission of the learned Magistrate. The address of their place of residence within the Sessions Division of Trichur shall be communicated to the Investigating Officer within 10 days of the date of their release. Subsequent change of address shall also be promptly communicated to the Investigating Officer within a period of three days. (R.BASANT, JUDGE) rtr/- B.A.No.2304 of 2008 3