IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Bail Appl..No. 950 of 2008() ---------------------------- CMP.653/2008 of J.M.F.C.-I,HOSDRUG CRIME NO. 95/08 OF HOSDURG POLICE STATION, KASARAGOD. .................... PETITIONERS: ACCUSED NOS. 5 & 6: ------------------------------------ 1. ABDUL KHADER.V., @ ANDUKA HAJI, AGED 36, S/O.ABDUL RAHIMAN, HARIS MANZIL, BELLAKADAPPURAM, BELLA VILLAGE. 2. M.HABEEB, S/O.ASSAN KUNHI, AGED 31, MANKOOL HOUSE, BELLAKADAPPURAM, BELLA VILLAGE. BY ADV. SRI.PMA.KALAM RESPONDENTS: COMPLAINANT/STATE: ------------------------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, HOSDURG POLICE STATION, KASARAGOD DISTRICT, 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 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------- B.A. NO. 950 of 2008 ------------------------------------------- Dated this the 18th day of February, 2008 ORDER Application for regular bail. The petitioners are accused 5 and 6. They face allegations in a crime registered under Secs.307 and 324 of the IPC. Altogether, there are 8 accused persons. All the accused persons, including the petitioners, are named in the F.I.R. The incident took place on 4/2/08. The petitioners have been arrested on 5/2/08. They continue in custody from that date. Political animosity is the alleged motive. The petitioners belong to the IUML; whereas the victims belong to the CPI(M). There are two injured in the case. Multiple injuries including fractures have been suffered by the victims. Iron rods are the weapons allegedly used. Investigation is not complete. Final report has not been filed yet. All the accused have by now been arrested, submits the learned Public Prosecutor. 2. The learned counsel for the petitioners prays, the B.A. NO. 950 of 2008 -: 2 :- learned Public Prosecutor does not oppose the said prayer on condition that the Investigator is given reasonable further time to complete the investigation and appropriate conditions are imposed to ensure that no recurrence of such incidents of violence take place within the area, and I am satisfied that the petitioners can now be enlarged on bail subject to appropriate terms and conditions. 3. In the result: (a) This application is allowed. The petitioners shall be released on bail on the following terms and conditions: (i) The petitioners shall not be released from custody on the strength of this order prior to 1/3/08. The Investigator shall, in the meantime, make every endeavour to complete the investigation. (ii) The petitioners shall execute bonds for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (iii) The petitioners shall make themselves available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months from the date of their release and thereafter as and when B.A. NO. 950 of 2008 -: 3 :- directed by the Investigating Officer in writing to do so. (iv) The petitioners shall not, during the said period of two months, enter the Sessions Division of Kasaragod, without the prior permission of the learned Magistrate except for the purposing of complying with Condition No.(iii) above. (R. BASANT, JUDGE) Nan/