IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl No. 818 of 2008(Z) 1. ZAKARIYA ... Petitioner Vs 1. STATION HOUSE OFFICER,TALIPARAMBA ... Respondent For Petitioner :SRI.V.A.SATHEESH For Respondent :PUBLIC PROSECUTOR The Hon'ble MR. Justice R.BASANT Dated :13/02/2008 O R D E R R.BASANT, J. ---------------------- B.A.No.818 of 2008 ---------------------------------------- Dated this the 13th day of February 2008 O R D E R
Second application for regular bail. The petitioner is the
first accused in a crime alleging offence punishable inter alia
under Sections 324 and 308 read with 149 I.P.C. The petitioner
belongs to the I.U.M.L and the victim belongs to C.P.M. The
alleged incident took place on 12/1/2008. The petitioner was
arrested on 15/1/2008. The victim, who was a passenger in the
bus, was dragged out of the bus and was allegedly attacked. The
petitioner continues in custody from 15/1/2008. An earlier
application for regular bail filed by the petitioner was dismissed
as per order dated 25/1/2008 in B.A.No.439/2008. I have
adverted to facts in detail in the order dated 25/1/2008 referred
above. It is not necessary for me to advert to facts in any greater
detail in this order. This order must be read in continuation of
the said order.
2. The learned counsel for the petitioner prays, the
learned Public Prosecutor does not oppose the said prayer on
condition that the investigating officer is granted reasonable
further time to complete the investigation and appropriate
safeguards are insisted and I am satisfied that regular bail can
be granted to the petitioner subject to appropriate conditions.
3. In the result, this petition is allowed. The petitioner
shall be released on bail on the following terms and conditions:
i) The petitioner shall not be released on bail on the
strength of this order prior to 18/02/2008. The investigating
officer shall, in the meantime, make every endeavour to
complete the investigation.
ii) He shall execute a bond for Rs.50,000/- (Rupees fifty
thousand only) with two solvent sureties each for the like sum to
the satisfaction of the learned Magistrate.
iii) The petitioner 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 two
months from the date of his release and thereafter as and when
directed by the investigating officer in writing to do so.
21ST DAY OF MAY2007