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SANTHOSH, AGED 43 YEARS, THUDDATHIL versus STATE OF KERALA, REPRESENTED BY THE

High Court of Kerala

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SANTHOSH, AGED 43 YEARS, THUDDATHIL v. STATE OF KERALA, REPRESENTED BY THE - Bail Appl No. 3762 of 2007 [2007] RD-KL 10918 (21 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 3762 of 2007()

1. SANTHOSH, AGED 43 YEARS, THUDDATHIL
... Petitioner

2. SURESH BABU, AGED 42 YEARS,

3. BHASI, AGED 41 YEARS, GEETHA BHAVANATHIL

Vs

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

For Petitioner :SRI.R.PADMAKUMAR

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :21/06/2007

O R D E R

R.BASANT, J.

B.A.No.3762 of 2007

Dated this the 21st day of June 2007

O R D E R

The petitioners are accused 7,10 and 11. They face allegations inter alia under Section 307 read with 149 I.P.C. Political animosity is the alleged motive. The alleged incident took place on 23/5/2007. The petitioners are in custody from 26/5/2007. The learned counsel for the petitioner submits that the petitioners have been implicated with absolutely no tangible material. On the sole ground that they are sympathisers of a political ideology, they have been unnecessarily and vexatiously arrayed as accused. They may be enlarged on bail, prays the learned counsel for the petitioner. The learned Public Prosecutor opposes the application on the ground that there is a tense law and order situation in the locality. There have been incidents and counter incidents in the locality. He submits that in some of the cases, this court has already been granted bail to some of the accused persons subject to very strict conditions. The learned Public Prosecutor submits that if at all the court B.A.No.3762/07 2 were inclined to grant bail, it may be subject to appropriate conditions which shall safeguard the interests of the prosecution as also contribute to the return of peace and harmony in the locality.

2. Having considered all the relevant inputs, I am satisfied that bail can be granted to the petitioner subject of course to appropriate conditions.

3. In the result, this petition is allowed. The petitioners shall be released on bail on the following terms and conditions:

i) The petitioners shall not be released from custody on the strength of this order prior to 02/07/2007. The police shall, in the meantime, make every endeavour to complete the investigation. ii) They shall execute a bond for Rs.25,000/- (Rupees twenty five thousand only) each 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, until further orders. B.A.No.3762/07 3 iv) They shall not enter the jurisdiction of the Kurathikadu police station until further orders except for the purpose of complying with condition (iii).

(R.BASANT, JUDGE)

jsr // True Copy// PA to Judge B.A.No.3762/07 4

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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