IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 Bail Appl..No. 2279 of 2009() ------------------------------------- CRIME NO.179/2009 OF KASARAGOD POLICE STATION CMP.696/2009 of J.M.F.C.-I,KOZHIKODE .................... PETITIONERS/ACCUSED: --------------------------------------- 1. RAMESH @ HARISH, THALIPADAPPU, KASABA GRAMAM, KASARAGODE. 2. ROOPESH,S/O.BABU,HALIPADAPPU, KASARAGODE GRAMAM, KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/ COMPLAINANT/STATE: ---------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KASARAGODE POLICE STATION. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------------------- B.A. No.2279 OF 2009 --------------------------------------- Dated this the 5th day of May, 2009 O R D E R This is a petition for regular bail filed under Section 439 of the Code of the Criminal Procedure. The Petitioners are accused in crime No.179/2009 of Kasargode Police Station alleging commission of offences under Sections 153(A), 307, 427 read with 34 of the Indian Penal Code. 2. The allegations against the petitioners is that on 14.03.2009 at about 4.30 p.m. at a place called Thalipaduppu, they attacked the defacto complainant while he was returning from the house of his classmate. According to the petitioners, they along with the defacto complainant were attending the birthday celebration of one of their classmates and of course, some overt acts occurred at that place. According to them, nothing had happened so as to register a crime under Section 153(A) of the Indian Penal Code. 3. I have heard the learned counsel for the petitioners and also the learned Public Prosecutor. B.A.No.2279 of 2009 2 4. In connection with the crime, the petitioners were arrested on 18.03.2009 and since then, they have been in judicial custody. In the facts and circumstances as stated above and also taking into consideration the fact that the petitioners have been in custody since 18.03.2009 and that the investigation is almost completed, I think the petitioners can be enlarged on bail subject to certain stringent conditions. Accordingly, this application is allowed on the following conditions : i) Petitioners shall be released on bail on each of them executing a bond for Rs.25,000/- with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court-I, Kasargod. ii) Petitioners shall report before the investigating officer as and when their presence is required by the investigating officer. B.A.No.2279 of 2009 3 iii) Petitioners shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. C.T.RAVIKUMAR JUDGE pac