IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 Bail Appl..No. 5472 of 2009() ----------------------------------------- SC.511/2007 of ADDITIONAL DISTRICT COURT (ADHOC), PATHANAMTHITTA .................... PETITIONERS/ACCUSED: ---------------------------------------- 1. SHABOS DAVID, SHA BHAVAN, PAMALA, KUNNAMTHANAM MURI, KUNNAMTHANAM VILLAGE, 2. SANOJ, BLOCK NO.55, MUKKADU COLONY, MUTHANAM MURI, KUNNAMTHANAM VILLAGE. 3. SANEESH PANICKER, KALARICKAL VEEDU, PRAVINKOODU, VALLAMALA MURI, KUNNAMTHANAM VILLAGE. BY ADV. SRI.T.P.PRADEEP RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5472 of 2009 ------------------------------------ Dated this the 25th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.2 to 4 in S.C No. 511 of 2007 on the file of the Additional District & Sessions (Ad- Hoc) Court- 1, Pathanamthitta. 2. The offences alleged against the petitioners are under Sections 450 and 436 read with Section 34 of the Indian Penal Code. 3. It is submitted by the learned counsel for the petitioners that during the committal proceedings, the petitioners were granted bail. After the committal proceedings, the petitioners were not served summons. Therefore, they could not appear before the court. A non-bailable warrant was issued against the petitioners. The petitioners surrendered before court on 15/9/2009. They moved an application for bail, which was dismissed by the learned Sessions Judge as per the order dated 16/9/2009. B.A. No. 5472/2009 2 4. The learned counsel for the petitioners submitted that the petitioners undertake to appear before the court on all posting dates without fail. The petitioners are prepared to comply with any conditions that may be imposed by the Court for the grant of bail. 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 on stringent conditions. 6. 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 Court of the Additional District & Sessions Judge (Ad-Hoc)-1, Pathanamthitta subject to the following conditions:- A) The petitioners shall appear before the Station House Officer, Keezhvayoor on every Sunday between 9 A.M. and 11 A.M., until further orders. B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. No. 5472/2009 3 C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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 scm