IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2694 of 2008() --------------------------------------- CRIME NO.393/2008 OF N.PARAVUR POLICE STATION ..... PETITIONER/ACCUSED 3, 4 AND 5 ---------------------------------------------- 1. STALIN, AGED 28 YEARS, S/O.NARAYANAN, NIKATHIL HOUSE, KAITHARAM NORTH BHAGOM, KOTTUVALLY VILLAGE, PARAVUR TALUK. 2. SHANAVAS @ SHANU, AGED 23 YEARS, S/O.ALI, RESIDING AT VALIYARAPADAM HOUSE, BLOCKPADY, KAITHARAM KARA, KOTTUVALLY, NORTH PARAVOOR. 3. SHIBU, AGED 22 YEARS, S/O.GOPALAKRISHNAN VAILANCHERY HOUSE, KANDAMKARNA VELIKARA, KOTTUVALLY VILLAGE, PARAVOOR. BY ADV. SRI.MANSOOR.B.H. RESPONDENTS: COMPLAINANT ------------------------ 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 29/04/2008,ALONG WITH BA. NO.2695/2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.Nos.2694 and 2695 of 2008 ------------------------------------- Dated this the 29th day of April, 2008 ORDER These applications are for regular bail. Petitioners are accused 1 to 5 in a crime registered alleging offences punishable, inter alia, under Sections 307 and 452 I.P.C. The alleged incident took place on 23.03.08. The petitioners were arrested on 24.03.08 and 25.03.08. Investigation is in progress. Final report has not bee filed yet. 2. There are allegations and counter allegations relating to the incident. A crime and counter crime have already been registered also. According to the petitioners, they are the victims of aggression and not aggressors. In any view of the matter, the petitioners, who have remained in custody from 24.03/25.03.2008 may now be enlarged on bail, it is prayed. 3. The learned Public Prosecutor does not oppose the application and I am satisfied, in the facts and circumstances of the case that the petitioners can be granted regular bail. 4. In the result, these applications are allowed. The petitioners shall be released on bail on the following terms and conditions. B.A.Nos.2694 and 2695 of 2008 2 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 interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-