IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 Bail Appl..No. 699 of 2010() ---------------------------------- CMP.247/2010 of C.J.M.,KASARAGOD CRIME NO.651/2009 OF KASARAGOD POLICE STATION. .................... PETITIONERS/ACCUSED 1, 3 & 4 ------------------------ 1. VINU @ VINOD T.V., S/O.VELAYUDHAN, AGED 34 YEARS, RESIDING AT KRISHNA NAGAR, AMAI COLONY, NEAR NEW BUS STAND, KASARAGOD. 2. YATHISH.A., AGED 23 YEARS, S/O.MOHANA, RESIDING DO. 3. RAJU.K., S/O.KRISHNAN, AGED 30 YEARS, RESIDING AT DELI KUNNUPARA HOUSE, KALNAD VILLAGE, KASARAGOD TALUK. BY ADV. MR.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE ------------------------ 1. THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION. 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.V.TKECHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 699 of 2010 ------------------------------------ Dated this the 10th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos. 1, 3 and 4 in Crime No.651/2009 of Kasaragod Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 427, 457 and 120-B read with section 149 of the Indian Penal Code. 3. The date of occurrence was on 13.09.2009. The petitioners surrendered before the Court on 8.01.2010 and they were remanded to judicial custody. 4. The learned counsel for the petitioners submitted that accused Nos.2, 5, 6 and 7 were released on bail by the order passed by the Chief Judicial Magistrate, Kasaragod. 5. The learned Public Prosecutor submitted that after completing the investigation, the charge sheet was filed on 21.01.2010. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 699 of 2010 2 petitioners, the nature of the offence and the charge sheet was filed in the case, I am of the view that bail can be granted to the petitioners. 7. 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 chief Judicial Magistrate, Kasaragod subject to the following conditions:- A) The petitioners shall surrender their passports before the Court of the Chief Judicial Magistrate, Kasaragod within a period of one week. If any of the petitioners does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Chief Judicial Magistrate within one week. B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. 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 ln