IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Bail Appl..No. 4929 of 2009() ----------------------------- CRIME NO.541/2009 OF GURUVAYOOR POLICE STATION .................... PETITIONER/ACCUSED 1 TO 3 --------------------------------------------- 1. MADANLAL, S/O. BALAN, NELLIKKA PARAMBIL VEEDU, CHITTANDA DESOM, CHITTANDA VILLAGE, THRISSUR DIST. 2. NIDHIN, S/O. SREENIVASAN, MACHANGALATH VEEDU, KAKKAD DESOM, KUNNAMKULAM VILLAGE THRISSUR DIST. 3. SANOOP, S/O. SUBRAMANIYAN, MANKADAVIL VEEDU, KAKKAD DESOM, KUNNAMKULAM THRISSUR DIST. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REP. SUB INSPECTOR OF POLICE, GURUVAYOOR POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4929 of 2009 --------------------------------------------- Dated this the 28th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.541 of 2009 of Guruvayoor Police Station. 2. The offences alleged against the petitioners are under Sections 341, 323, 326 and 308 read with Section 34 of the Indian Penal Code. 3. The incident occurred at the portico of Sreekrishna College, Guruvayoor on 11.8.2009. The petitioners are the students of Sreekrishna College. The prosecution case is that the accused persons attacked the de facto complainant and others with deadly weapons resulting in serious injuries. 4. Learned counsel for the petitioners submitted that accused No.4 Rishad was granted bail by the Sessions Court, Thrissur as per the order dated 25.8.2009 in Crl.M.C.No.1385 of 2009. A fax copy of the order in Crl.M.C.No.1385 of 2009 was made available by the learned counsel for the petitioners. In that order, the learned Sessions Judge has stated that the investigation of the case is practically over. The fax copy of the BA No.4929/2009 2 order is taken on record. 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 investigation, I am of the view that bail can be granted to the petitioners. 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, Chavakkad, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on every Sunday, 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