IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 Bail Appl..No. 7656 of 2009() ----------------------------- CRMP.8650/2009 of J.M.F.C.-II,ATTINGAL CRIME NO.310/2009 OF MANGALAPURAM POLICE STATION, ATTINGAL .................... PETITIONERS/ACCUSED : ----------------------------------------------- 1. RAJESH @ OTTAKAM RAJESH, S/O.RADHAKRISHNAN, RAJESH BHAVAN, SASTHAVATTOM, VEILOOR VILLAGE. 2. VINU @ THEERTHAMTHATTI VINU, S/O.MOHANAN, BLOCK NO.48, SASTHAVATTOM COLONY, VEILOOR VILLAGE. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS/ STATE: ------------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, KAZHAKKUTTOM POLICE STATION. 3. SUB INSPECTOR OF POLICE, MANGALAPURAM POLICE STATION. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.7656 of 2009 ------------------------------------ Dated this the 4th day of January, 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.2 and 3 in Crime No.310/2009 of Mangalapuram Police Station. 2. The offence alleged against the petitioners is under Section 302 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 4/8/2009, the accused persons stabbed the deceased. He succumbed to the injuries after he was admitted in the hospital. It is stated that the deceased was in love with the sister of the second accused. Later, the deceased was not prepared to marry her. 4. The petitioners surrendered before court on 15/10/2009 and they are in judicial custody since then. 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. B.A. No.7656 /2009 2 6. The petitioners shall be released on bail on their executing bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Attingal 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 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 surrender their Passports before the court of the Judicial Magistrate of the First Class-II, Attingal within one week from the date of their release on bail. If any of the petitioners is not holding Passport, he shall file an affidavit to that effect before the court. D) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. B.A. No.7656 /2009 3 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 scm