IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 Bail Appl..No. 4329 of 2008() -------------------------------------- CRIME NO.534/2008 OF KATTAPPANA POLICE STATION APLICANTS/ACCUSED NO.5 AND 6 :- --------------------------------------------------- 1. JOSE BABY, AGE 24 YEARS, S/O BABY, NEERAZHIYIL, ERATTAYYAR, KATTAPPANA. 2. BINOY JOSEPH, AGED 27 YEARS, S/O JOSEPH, KAIANPNACKAL, ERATTAYYAR, KATTAPPANA. BY ADV. SRI.P.VIJAYA BHANU SRI.THOMAS J.ANAKKALLUNKAL RESPONDENT/COMPLAINANT :- -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.4329 of 2008 ------------------------------------------- Dated this the 3rd day of July, 2008 ORDER This petition is for bail. 2. Petitioners are accused nos. 5 and 6 in the crime. According to the prosecution on 3.6.2008 at about 7.30 p.m., the accused formed themselves into an unlawful assembly and allegedly assaulted the defacto complainant armed with deadly weapons and caused injuries. The political animosity is the alleged motive. 3. The petitioners had filed anticipatory bail application as B.A.No.4261/2008. But, during the pendency of the petition, they were arrested by the police, it is submitted. Learned counsel for the petitioners also submitted that the petitioners are totally innocent of the allegations made. The petitioners were arrested on 26.6.2008 and they request for bail. This petition is opposed. 4. On hearing both sides, particularly taking into consideration the fact that they were arrested during pendency BA No.4329/08 2 of anticipatory bail, I find absolutely no merit in the objection raised by the learned public prosecutor. Ignoring the objection, I grant bail to the petitioners. In the result, the following order is passed: Petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on condition that petitioners shall not commit any offence of similar nature while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl