IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 2263 of 2008()
1. RAJESH, AGED 24 YEARS,
... Petitioner
2. MAHESH, AGED 24 YEARS, S/O.MANI,
3. PRAKASH (PRASANTH),
4. ANANDAN, AGED 26 YEARS,
5. KRISHNADAS, AGED 25 YEARS,
6. DEVADAS @ DEVAN,
7. RATHEESH @ ELUMANI,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.SANTHEEP ANKARATH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :11/04/2008
O R D E R
R.BASANT, J
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B.A.No.2263 of 2008
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Dated this the 11th day of April, 2008
ORDER
Application for regular bail. Petitioners are accused 1 to 7 in
a crime registered alleging offences punishable, inter alia, under
Sections 308 and 326 I.P.C. The alleged incident took place on
09.02.08. The incident took place inside a bar. There was
dispute between the accused persons on the one hand and some
staff of the bar on the other. The miscreants allegedly left the bar
and came back to bar and unleashed an attack on the staff of the
bar, it is alleged. Serious injuries including fractures have been
suffered by the victims. Accused 1 and 2 surrendered on
27.02.08. Accused 3 and 4 were arrested on 02.03.08 and
accused 5 to 7 were arrested on 15.03.08.
2. The learned counsel for the petitioners submits that
the petitioners are innocent. It is prayed that they may now be
enlarged on bail.
3. The learned Public Prosecutor submits that some of
the accused have criminal antecedents. At any rate, the learned
Public Prosecutor submits that the State has no objection against
the grant of regular bail to accused 1 to 4 who have been
remaining in custody from 27.02.08/02.03.08. But as regards
B.A.No.2263 of 2008 2
petitioners 5 to 7, the learned Public Prosecutor prays that some
further time may be given to enable the investigator to complete
the investigation.
4. I am satisfied that regular bail can be granted to the
petitioners subject to appropriate terms and conditions.
5. In the result, this application is allowed. The
petitioners shall be released on bail on the following terms and
conditions.
i) The petitioners/accused 5 to 7 shall not be released on
the strength of this order prior to 19.04.2008. The Investigators
shall in the meantime make every endeavour to complete the
investigation;
ii) All 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 himself available for
interrogation before the Investigating Officer between 10 a.m and
12 noon on all Mondays and Fridays for a period of 2 months
(accused 5 to 7 – from the date of their release) and thereafter as
and when directed by the Investigating Officer in writing to do so.
(R.BASANT, JUDGE)
rtr/-
B.A.No.2263 of 2008 3