IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 Bail Appl..No. 594 of 2010() ---------------------------- CRIME NO.111/2010 OF KADACKAL POLICE STATION PETITIONERS/ACCUSED 5 & 4 --------------------------------------- 1. SUNIL, AGED 35 YEARS, S/O.SURENDRAN, SUNIL BHAVAN, CHELAPPALLY, KOTTUKKAL. 2. SUDHEESH, AGED 27 YEARS, S/O.SURENDRAN, SUNIL BHAVAN, CHELAPPALLY, KOTTUKKAL. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT(S): COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.594 of 2010 --------------------------------------------- Dated this the 5th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.5 and 4 in Crime No.111 of 2010 of Kadackal Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323 and 308 read with Section 149 of the Indian Penal Code. 3. The occurrence took place on 23.1.2010. The petitioners were arrested on 25.1.2010. 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 investigation, I am of the view that bail can be granted to the petitioners. The petitioners shall be released on bail on their executing BA No.594/2010 2 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, 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