IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 Bail Appl..No. 6067 of 2011() ----------------------------- (CRIME NO.1703 OF 2011 OF ALUVA POLICE STATION) .................... PETITIONERS/ACCUSED NOS.1 AND 2 --------------------------------------------------- 1. JIHAS, AGED 40 YEARS, S/O. BEERAN, MUTHANAMKULAM HOUSE, THAIKKATTUKARA, ALUVA WEST VILLAGE. 2. HAFEES, AGED 39 YEARS, S/O. BEERAN, -DO- -DO- BY ADV. SRI.V.K.VEERAVUNNY RESPONDENT(S): COMPLAINANT -------------------------- KERALA STATE, REPRESENTED BY THE S.I. OF POLICE, ALUVA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT, ERNAKULAM. BY PP SRI V TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/201 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6067 OF 2011 --------------------------------- Dated this the 20th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.1703 of 2011 of Aluva Police Station. 2.The offences alleged against the petitioners are under Sections 406 and 420 read with 34 of the Indian Penal Code. 3.Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. The petitioners were arrested on 24.6.2011 and they are in judicial custody since then. 5.Taking into account the facts and circumstances of B.A.No.6067 OF 2011 2 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. 6.The petitioners shall be released on bail on their executing bond for `50,000/-(Rupees Fifty thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, 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 two months and thereafter on 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 surrender their Passport before the Court of the Judicial Magistrate of the First Class-I, Aluva. If the passport is seized by the police or if the petitioners do not have a Passport, an affidavit sworn to by them to that effect shall be filed before the learned Magistrate. D) The petitioners shall not try to influence the prosecution witnesses or tamper with the B.A.No.6067 OF 2011 3 evidence. E) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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 cms