Francis vs State Of Kerala Represented By The on 4 February, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 649 of 2008()


1. FRANCIS, S/O.JOHN, PARANKIMAMVILA
                      ...  Petitioner
2. KUTTAPPAI @ JOSE, S/O.NAPOLIAN,
3. JOSE, S/O.LOMAST, PARANKIMAMVILA VEEDU,

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.B.MOHANLAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :04/02/2008

 O R D E R
                            R. BASANT, J.


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                      B.A. No. 649 OF 2008 E

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            Dated this the 4th day of February, 2008


                               O R D E R

Application for regular bail. Petitioners are

accused Nos.1 to 3. Altogether there are four accused

persons. The alleged incident took place on 20.1.08. All the

accused persons, in furtherance of their common intention,

had allegedly attacked the de facto complainant. Some prior

incident between the son of the de facto complainant and the

petitioners is the alleged motive. The petitioners allegedly

trespassed into the residential building of the de facto

complainant and unleashed an attack on the victims. The

victims including a lady. She has suffered grievous injury.

Allegations are raised under sections 452, 326 and 308 IPC.

The petitioners were arrested on 23.1.08. They continue in

custody from that date.

2. The learned counsel for the petitioners prays, the

BA.649/08

: 2 :

learned Public Prosecutor does not oppose the said prayer on

condition that appropriate conditions are imposed and the

investigating officer is granted reasonable further time to

complete the investigation and I am satisfied that the

petitioners can now be directed to be released on bail subject

to appropriate conditions.

3. In the result, this petition is allowed. The

petitioners shall be enlarged on bail on the following terms

and conditions:-

i) The petitioners shall not be released on bail on the

strength of this order prior to 11.2.08. The investigating

officer shall, in the meantime, make every endeavour to

complete the investigation.

ii) 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.

iii) The petitioners shall make themselves available for

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: 3 :

interrogation before the investigating officer between 10 a.m

and 12 noon on all Mondays and Fridays for a period of two

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