IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 Bail Appl..No. 1862 of 2010() --------------------------------- CRIME NO. 261/2010 OF KOTTIYAM POLICE STATION, KOLLAM ...................... PETITIONERS/ACCUSED: ----------------------------- 1. ANURAJ, S/O.RAJAN PILLAI, PAYARUVILA VADAKKETTIL, PUTHALATHAZHAM NAGAR-215, VADAKKEVILA VILLAGE, KOLLAM DISTRICT. 2. ARUN S/O.PURUSHAN, CHINTHALATHAZHAM NAGAR-179, NEAR DECENT MUKKU, VADAKKEVILA VILLAGE, KOLLAM. 3. SUBASH, S/O.CHANDRAN PILLAI, PLAMOODU LANE, THRIKKOVILVATTOM VILLAGE, KOLLAM. 4. BAJEEV, S/O.SASI, PUTHALATHAZHAM NAGAR-143, PUTHALATHAZHAM CHERRIYIL, VADAKKEVILA VILLAGE, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT/COMPLAINANT: ------------------------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR, KOTTIYAM POLICE STATION THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2010, THE COURT ON 23/02/2010 PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1862 of 2010 ------------------------------------ Dated this the 23rd day of March, 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, 2, 3 and 5 in Crime No. 261/2010 of Kottiyam Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 341, 294(b), 323, 427 and 395 of the Indian Penal Code. 3. The date of occurrence was on 26.02.2010. The petitioners were arrested on 03.03.2010 and they were remanded to judicial custody. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. As per the order dated 22.03.2010 in Bail Application No. 1655/2010, bail was granted to accused No.4. 6. 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 investigation, I am of the view that bail can be granted to the petitioners. B.A. No. 1862 of 2010 2 7. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kollam 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, 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 ln