IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 Bail Appl..No. 5728 of 2008() ----------------------------- CMP.2591/2008 IN CRIME NO.427/08 OF NOORANADU POLICE STATION .................... PETITIONERS/ACCUSED ------------------------------------ 1. ANEESH, S/O. OMANAKKUTTAN, RATHEESH BHAVAN, PAVUMBA NORTH, PAVUMBA VILLAGE. 2. VINOD, S/O.SADASIVAN, KOCHUVEETTIL VILAYIL, THODIYOOR VILLAGE, THODIYOOR. 3. DEVARAJAN, S/O.NANU, KOICKAL THARAYIL VEEDU,MADATHIL KARAZHMA MURI, OACHIRA. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SMT.SURYA SASI RESPONDENTS: ------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, NOORANADU POLICE STATION. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------------- B.A.No.5728 of 2008 -------------------------------------------- Dated this the 19th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 294(b), 323, 341 and 308 read with Section 34 IPC. Petitioners are accused nos. 1 to 3. According to prosecution, on 28.8.2008, at about 7.45 a.m., while the defacto complainant, who was a student of 7th standard, was travelling in the a bus, petitioners 1 and 3 abused her on account of a dispute with regard to the bus fare and while she was getting down from the bus, first petitioner pushed her down and she fell down and sustained injuries. A1 is the checker, A2 is the conductor and A3 is the driver in the bus. All of them committed the offence in furtherance of common intention. 3. Learned counsel for the petitioners submitted that the petitioners were arrested on the same day on 28.8.2008 and they are in custody since then. 4. Learned public prosecutor submitted that he has no BA No.5728/08 2 objection in granting bail to the petitioners on conditions. Hence, bail is granted to the petitioners on the following terms and conditions: (i) Petitioners shall execute bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioners shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioners shall not intimidate any witness or tamper with evidence or commit any offence 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