IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 19TH NOVEMBER 2007 / 28TH KARTHIKA 1929 Bail Appl..No. 7011 of 2007() ----------------------------- CMP.7988/2007 of J.M.F.C., PARAVOOR [CRIME NO.192/2007 OF PARIPPALLY POLICE STATION] .................... : PETITIONER/ACCUSED NOS.1 AND 4 ----------------------------------------------- 1. SHIJU, S/O. VISWAMBHARAN, PLAVILAPUTHEN VEEDU, EZHIPPURAM CHERRY, PARIPPALLY VILLAGE, KOLLAM DISTRICT. 2. DEEPU, S/O. MOHANAN, CHARUVILA VEEDU, VENGODU, ELAKAMON CHERRY, AYIROOR VILLAGE. BY ADV. SRI. K.SIJU RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, PARIPPALLY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.7011 of 2007 ---------------------------------------- Dated this the 19th day of November 2007 O R D E R Application for regular bail. Petitioners are accused 1 and 4. Altogether there are four accused persons. Third accused has not been arrested so far. Second accused was already arrested and was enlarged on bail. The alleged incident took place on 8/6/2007. The petitioners surrendered on 26/10/2007. They are continuing in custody from that date. Personal animosity is the alleged motive. Sword was the weapon used. There is an injury suffered on the face of the victim. Investigation is not complete yet. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigating officer is granted reasonable further time to complete the investigation and I am satisfied that regular bail can be granted to the petitioners subject to appropriate conditions. B.A.No.7011/07 2 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 26/11/2007. 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. iv) The petitioner shall not enter the jurisdiction of Parippally police station during the said period of two months except for the purpose of complying with condition No.iii) above. (R.BASANT, JUDGE) jsr B.A.No.7011/07 3 B.A.No.7011/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007