IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 Bail Appl..No. 5412 of 2009() ----------------------------- CRIME NO.596/2009OF NEYYATTINKARA POLICE STATION .................... PETITIONERS/ACCUSED 1,2,4, AND 5 ---------------------------------------------------- 1. CHRIST LENIN @ KUTTAN, S/O.TITUS, UMA VEEDU, MALAKULANGARA, MARAYAMUTTAM DESOM, PERUMKADAVILA VILLAGE. 2. HAREESH MANCHAN @ HAREESH, S/O.THANKARAJA, MANCHAL HOUSE, MALAKULANGARA, MARAYAMUTTOM DESOM, PERUMKADAVIL VILLAGE. 3. ANIL KUMAR @ BINU, S/O.YESUDAS, CHEENIVILA PUTHEN VEEDU, MALAKULANGARA, OF DO. 4. REHCHU, S/O.DHARMARAJAN, KALLAMPOTTA PUTHEN VEEDU, OF DO. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5412 of 2009 --------------------------------------------- Dated this the 24th day of September, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 2, 4 and 5 in Crime No.596 of 2009 of Neyyattinkara Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 324, 326 and 307 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The date of occurrence was on 26.8.2009. The petitioners were arrested on 7.9.2009 and they are in judicial custody. It is submitted by the learned Public Prosecutor that except A3, all other accused were arrested. Recovery was made. Investigation has progressed much. 4. 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 on stringent conditions. BA No.5412/2009 2 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-I, Neyyattinkara, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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 csl