IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Bail Appl..No. 881 of 2010 CRIME NO.44 OF 2010 OF POOYAPALLY POLICE STATION, KOLLAM DISTRICT PETITIONERS/ACCUSED 1 AND 2: ------------------------------------------------ 1. RENJITH, VADAKKEVILA VEEDU, PUTHUSSERY MURI, KARINGANNOOR, VELINALLOOR VILLAGE. 2. KALADHARAN, SREEBHAVAN, PUTHUSSERY MURI, KARINGANNOOR, VELINALLOOR VILLAGE. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.GEORGE RAJU RESPONDENTS: STATE & COMPLAINANT: ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, POOYAPALLY POLICE STATION, POOYAPPALLY, KOLLAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 881 OF 2010 ------------------------------------------------------ Dated this the 25th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No.44 of 2010 of Pooyapally Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 341, 294(b), 323 and 326 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 3.1.2010. The petitioners were arrested on 28.1.2010. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of B.A. NO.881 OF 2010 :: 2 :: investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. 6. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class - II, Kottarakara, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter on all Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/