IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 2038 of 2008()
1. RENIL, S/O.MOHANDAS, ATHIKKATTU HOUSE,
... Petitioner
2. ABI.K.R., S/O.RAJAN, KARUTHILAYIL HOUSE
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE S.I. OF POLICE, ERUMAPETTY POLICE
For Petitioner :SRI.P.RAMACHANDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :03/04/2008
O R D E R
R. BASANT, J.
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B.A. No. 2038 of 2008
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Dated this the 3rd day of April, 2008
ORDER
Third application for regular bail. The petitioners face
allegations in a crime registered alleging offences punishable,
inter alia, under Sec.395 of the IPC. 12 persons are arrayed
as accused. The alleged incident took place on 29/11/07. The
petitioners were arrested on 12/1/08. They continue in
custody from that date, their applications for regular bail
having been dismissed twice by this Court as per the orders
dated 14/2/08 in B.A.No.861/08 and dated 10/3/08 in
B.A.No.1451/08. I have adverted to the facts in detail in the
said orders. Hence I am not adverting to the facts in any
greater detail in this order. This order must be read in
continuation of the said orders. Investigation is not complete.
Final report has not been filed. There is no prospect of the
B.A. No. 2038 of 2008 -: 2 :-
final report being filed within a period of 90 days from the date
of the first remand of the petitioners, submits the learned Public
Prosecutor.
2. The learned counsel for the petitioners submits that
there is a marriage of a close relative in the family of the
petitioners on 6/4/08. In these circumstances, it is prayed that
the petitioners may be granted regular bail now. The petitioners
have no history of any criminal antecedents, it is further
reported.
3. The learned Public Prosecutor does not oppose the
application and I am satisfied, in the facts and circumstances of
this case, that a lenient view can be taken and the petitioners
can now directed to be released on bail subject to appropriate
terms and conditions.
3. In the result:
(a) The application is allowed.
(b) The petitioners shall be released on bail on the
following terms and conditions:
(i) The petitioners shall execute bonds for Rs.1,00,000/-
(Rupees one lakh 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
B.A. No. 2038 of 2008 -: 3 :-
interrogation before the Investigating Officer on all Mondays and
Fridays between 10 a.m. and 12 noon for a period of two months
and thereafter as and when directed by the Investigating
Officer in writing to do so.
(R. BASANT, JUDGE)
Nan/