IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 8101 of 2007()
1. BHASKARAN, S/O.KUTTIPERAVAN, AGED 56
... Petitioner
2. SHAMEER K., S/O.HASSAN, AGED 31 YEARS,
Vs
1. STATE OF KERALA THROUGH THE
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :02/01/2008
O R D E R
R. BASANT, J.
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B.A. No. 8101 OF 2007
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Dated this the 2nd day of January, 2008
O R D E R
Application for regular bail. Petitioners are
accused Nos.2 and 3. They face allegations under Section
302 IPC. They along with the 1st accused had come to this
Court. The 1st accused sought regular bail and the petitioners
sought anticipatory bail. By common order dated 22.11.07 in
BA. Nos.6959/07 and 6850/07, the claim of the petitioners for
anticipatory bail was rejected and regular bail was granted to
the 1st accused. The petitioners later surrendered before the
learned Magistrate on 5.12.07. They continue in custody from
that date.
2. The alleged incident took place on 14.9.07. The
deceased was allegedly pushed into water by the accused
persons, who were friendly with the deceased, consequent to
a dispute regarding payment of money prior to
commencement of a card game. The deceased was in
BA.8101/07
: 2 :
hospital from 14.9.07 to 22.9.07. He was discharged on
22.9.07. He became seriously ill later. He was re-admitted to
another hospital on 1.10.07 where he breath his last on
2.10.07. I have adverted to the facts in detail in the order
dated 22.11.07. This order must be read in continuation of
the said order and I am not, hence, adverting to the facts in
any greater detail in this order.
3. The learned counsel for the petitioners prays, the
learned Public Prosecutor does not oppose the said prayer
and I am satisfied that regular bail can be granted to the
petitioners subject to identical conditions as were imposed on
the co-accused.
4. In the result, this petition is allowed. The
petitioners shall be released on bail on the following terms
and conditions:
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
BA.8101/07
: 3 :
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 three
months from the date of their release and thereafter as and
when directed by the investigating officer in writing to do so.
(R.BASANT, JUDGE)
aks