IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 9465 of 2011() ----------------------------- Crime No.1397 of 2011 of Angamaly Police Station, Ernakulam District PETITIONERS/ACCUED 5, 6 AND 14 -------------------------------------- 1. SATHEESH, AGED 21 YEARS, S/O. SUBRAN, VALIYOLIPARAMBIL HOUSE, EZHATTUMUGHAM KARA, MOOKKANNOOR VILLAGE. 2. SINTO, AGED 23 YEARS, S/O. VARGHESE, PAINADATHU HOUSE, PALA KAVALA BHAGAM, EZHATTUMUGHAM KARA, MOOKKANNOOR VILLAGE. 3. SURESH, AGED 32 YEARS, S/O. RAMAN, PUTHENVELY HOUSE, SREEMOOLANAGARAM KARA, CHOVVARA VILLAGE. BY ADV. SRI.P.S.APPU RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, ANGAMALY POLICE STATION. BY P.P.SRI.C.RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 9465 OF 2011 --------------------------------- Dated this the 23rd day of November , 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos. 5, 6 and 14 in Crime No.1397 of 2011 of Angamaly Police Station, Ernakulam District. 2.The offences alleged against the accused are under Sections 143, 147, 148, 120B, 212, 447 and 302 read with Section 149 of the Indian Penal Code. 3. The prosecution case is the following: The first accused had enmity towards the deceased. He conspired with the other accused to do away with the deceased. As a result of the conspiracy, on 28.8.2011 between 6 and 6.30 A.M, the other accused persons went to the poultry farm run by the deceased and attacked him with swords. The deceased B.A.No. 9465 OF 2011 2 sustained serious injuries and he succumbed to the injuries while undergoing treatment in the Specialists Hospital, Ernakulam. 4. Accused Nos.5 and 6 were arrested on 14.9.2011, while accused No.14 was arrested on 19.9.2011. 5. As per the order in B.A.No.9083 of 2011, bail was granted to accused No.16 with effect from 21.11.2011. Accused No.1 was granted bail with effect from 21.11.2011 as per the order in B.A.No.9046 of 2011. 6. Taking into account the overall 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. 7. The petitioners shall be released on bail on their executing bond for Rs.25,000/- (Rupees Twenty Five Thousand only) each with two solvent sureties for the like B.A.No. 9465 OF 2011 3 amount to the satisfaction of the Judicial Magistrate of the First Class-II, Aluva, 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 and Thursdays for a period of two months and thereafter 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 enter into the limits of Angamaly Police Station for a period of one month except for complying with conditions (A) & (B); 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) The petitioners shall cooperate with the investigating officer in the matter of investigation. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A.No. 9465 OF 2011 4 The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms