IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Bail Appl..No. 4860 of 2009() ----------------------------- CRIME NO.116/2009 OF KOLAVALLUR POLICE STATION .................... PETITIONERS/ACCUSED 3 TO 6 ---------------------------------------------- 1. ANGADIYULLATHIL REMITH, S/O.KUNHIRAMAN, AGED 20 YEARS, ANGADIYULLATHIL HOUSE, KOLAVALLUR AMSOM, THOOVAKKUNNU, THALASSERY. 2. KANATHUMMAL DASAN, S/O.BALAN, AGED 30 YEARS, KANATHUMMAL HOUSE, KOLAVALLUR AMSOM, THOOVAKKUNNU. 3. KIZHAKKENDAVIA SURJITH, S/O.KUNHIRAMAN, AGED 21 YEARS, KIZHAKKANTAVIDA HOUSE, KOLAVALLUR AMSOM, THOOVAKKUNNU. 4. VINEESH M., S/O.BALAN, AGED 30 YEARS, MOORKOTH HOUSE, KOLAVALLUR AMSOM, THOOVAKKUNNU. BY ADV. SRI.P.V.SURENDRANATH RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4860 of 2009 --------------------------------------------- Dated this the 27th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.3 to 6 in Crime No.116 of 2009 of Kolavallur Police Station. 2. The offences alleged against the petitioners are under Sections 148, 324 and 326 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. 3. The incident was on 16.5.2009. It is submitted that the petitioner Nos.1, 2 and 3 surrendered before the police on 22.7.2009 and the fourth petitioner was arrested on 25.7.2009. They are in judicial custody. 4. 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. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like BA No.4860/2009 2 amount to the satisfaction of the Chief Judicial Magistrate Court, Thalassery, 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, 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 not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; e) 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 csl BA No.4860/2009 3