IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 Bail Appl..No. 1528 of 2008() ----------------------------- CRIME 128/08 OF POLICE STATION PETITIONER --------------------------- 1. P.A. KUNHAMAD @ KUNHAHAMAD S/O.ABDULLA, AGED 27 YEARS RESIDING AT PAKYARA, PALLIKKARA II VILLAGE KASARGOD DISTRICT. 2. K.SHAMSUDDIN S/O. ABDUL RAHIMAN, AGED 21 YEARS, RESIDING AT PAKYARA, PALLIKKARA II VILLAGE KASARGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENTS: ------------- THE STATION HOUSE OFFICER,BAKEL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1528 OF 2008 C ```````````````````````````````````````````````````` Dated this the 11th day of March, 2008 O R D E R Application for regular bail. Petitioners are accused Nos.2 and 4. Altogether there are five accused persons. The petitioners belong to the IUML. They had allegedly assaulted the injured/victims, who belong to the CPI (M). The alleged incident took place on 27.2.08. Crime is registered alleging offences punishable, inter alia, under sections 308 and 324 read with 149 IPC. The petitioners were arrested on 28.2.08. They continue in custody from that date. 2. The learned counsel for the petitioners submits that the allegation under section 308 IPC has been included only because of the political clout of the members of the CPI (M), the de facto complainant. The petitioners, who have remained in custody from 28.2.08, may now be enlarged on BA.1528/08 : 2 : bail, it is prayed. 3. The learned Public Prosecutor, in response to a specific querry, submits that no serious injury whatsoever has been suffered by the victims. The State does not oppose the application for regular bail but appropriate conditions may be imposed to avoid the recurrence of such incident, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I am satisfied that regular bail can be granted to the petitioners subject to appropriate terms and conditions. 5. In the result, this petition is allowed. The petitioners shall be enlarged on bail on the following terms and conditions:- i) The petitioners shall execute bonds for Rs.50,000/- (Rupees fifty thousand 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 BA.1528/08 : 3 : 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 their release and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) aks