IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Bail Appl..No. 1231 of 2008() ----------------------------- CRIME NO. 333/07 OF ERUMAPETTY POLICE STATION CRLMC.181/2008 of DISTRICT COURT, THRISSUR .................... PETITIONER - ACCUSED NO.6 ------------------------------------------ MANAF, AGED 27, S/O.SAIDUMUHAMMED, RAIMARAKKAR HOUSE, KAVARACOLONY, THAVALAM P.O MANNARKAD TALUK, PALAKKAD. BY ADV. SRI.MANSOOR.B.H. RESPONDENTS: COMPLAINANT AND STATE ---------------------------------- 1. STATION HOUSE OFFICER, ERUMAPETTY POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1231 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of March, 2008 O R D E R Application for regular bail. The petitioner faces allegations in a crime registered for offences punishable, inter alia, under Sections 395 and 212 I.P.C. The petitioner is the 7th accused. Altogether there are 12 accused persons. The alleged incident took place on 29.11.2007. The petitioner was arrested on 12.1.2008. He continues in custody from that date. The arrested accused have not been granted regular bail so far. 2. The learned counsel for the petitioner submits that even accepting the entire allegations, the petitioner can have no culpable liability for the principal offence under Section 395 I.P.C. At worst allegation can be successfully raised against him only for the offence under Section 212 I.P.C. It is a bailable offence. In these circumstances it is prayed that the petitioner, who has been remaining in custody from 12.1.2008, may now be enlarged on bail. B.A.No. 1231 of 2008 2 3. The learned Prosecutor does not oppose the application. He, after perusing the case diary, submits that no allegations are now raised against the petitioner for the principal offence under section 395 I.P.C. 4. I am satisfied that the petitioner, who has remained in custody from 12.1.2008, can now be granted regular bail. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. I have already adverted to facts in the order dt. 14.2.2008 in B.A. 861 of 2008 filed by some of the arrested accused. 5. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. B.A.No. 1231 of 2008 3 (b) The petitioner shall make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm