IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 Bail Appl..No. 6876 of 2011 CMP.2402/2011 of J.M.F.C.-I,THAMARASSERY CRIME NO.354 OF 2011 OF THAMARASSERY POLICE STATION, KOZHIKODE. PETITIONERS/ACCUSED NO.1. TO 4. --------------------------------------------------- 1. RATHEESH, S/O.BALAKRISHNAN, AGED 27, PUZHANKUNNUMMAL HOUSE, AMBALAKKANDI, PUTHUPPADI VILLAGE. 2. RANJITH,S/O.BALAKRISHNAN, AGED 25 YEARS, PUZHANKUNNUMMAL HOUSE, AMBALAKKANDI, PUTHUPPADI VILLAGE. 3. VINU, S/O.CHATHUKUTTY, AGED 24 YEARS, PUZHANKUNNUMMAL HOUSE, AMBALAKKANDI, PUTHUPPADI VILLAGE. 4. SHAIJAL, AGED 27 YEARS,S/O.ABOOBACKER, PUZHANKUNNUMMAL HOUSE, 26TH MILE, PUTHUPPADI VILLAGE. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT:COMPALAINANT/STATE. --------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6876 OF 2011 ------------------------------------------------------ Dated this the 29th day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 4 in Crime No.354 of 2011 of Thamarassery Police Station, Kozhikode District. 2. The offences alleged against the petitioners are under Sections 452, 323, 324, 326 and 354 read with Section 34 of the Indian Penal Code and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The date of occurrence was on 3.7.2011. Accused No.1 was arrested on 10.8.2011. Accused Nos.2, 3 and 4 were arrested on 9.8.2011. They are in judicial custody. BAIL APPL. NO.6876 OF 2011 :: 2 :: 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 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. 6. The petitioners shall be released on bail on their executing bond for Rupees Twenty five thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Thamarassery, 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; BAIL APPL. NO.6876 OF 2011 :: 3 :: 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 ahz/