IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 Bail Appl..No. 88 of 2010() --------------------------- CRIME NO.606 OF 2009 OF THIRUVALLA POLICE STATION PTITIONERS/5TH & 8TH ACCUSED. ------------------------------------------------- 1. V.R.PRAJITH , S/O.RAJAPPAN, VALIYAMANIL VEEDU, MUNIYAPPALLI POST, IKKUZHI MURI, KAVIYOOR VILLAGE, PATHANAMTHITTA DISTRICT. 2. REJI JACOB, S/O.CHACKO, THANNIKKAL VEEDU ANJILITHANAM MURI, KUNNAMTHANAM VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.SUJESH MENON V.B. SRI.K.B.ARUNKUMAR RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 88 OF 2010 ------------------------------------------------------ Dated this the 13th 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.5 and 8 in Crime No.606 of 2009 of Thiruvalla Police Station. 2. The offences alleged against the petitioners are under Sections 395, 342 and 365 of the Indian Penal Code. 3. The date of occurrence was on 19.6.2009. The petitioners were arrested on 11.12.2009 and they are in judicial custody since then. 4. The learned Public Prosecutor submitted that the fifth accused is involved in an abkari offence and the eighth accused is involved in a murder case. It is also submitted that accused Nos.4, 5 and 8 alone were arrested and that the investigation is progressing. B.A. NO. 88 OF 2010 :: 2 :: 5. Learned counsel for the petitioners submitted that the petitioners are prepared to comply with any condition that may be imposed by the Court and that they undertake not to indulge in any activity which would cause difficulty in the proper investigation of the case. 6. 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 on stringent conditions. 7. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thiruvalla, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate days for a period of two months and thereafter, on every Monday, 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; B.A. NO. 88 OF 2010 :: 3 :: c) The petitioners shall surrender their passport before the Court of the Judicial Magistrate of the First Class, Thiruvalla within a period of one week. If the petitioners do not hold an Indian Passport, an affidavit to that effect shall be filed before the Magistrate; 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; 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 ahz/