IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 950 of 2008()
1. ABDUL KHADER.V., @ ANDUKA HAJI,
... Petitioner
2. M.HABEEB, S/O.ASSAN KUNHI, AGED 31,
Vs
1. STATE OF KERALA, REPRESENTED BY STATION
... Respondent
For Petitioner :SRI.PMA.KALAM
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :18/02/2008
O R D E R
R. BASANT, J.
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B.A. NO. 950 of 2008
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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/