IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 Bail Appl..No. 10627 of 2011 CRIME NO.629 OF 2011 OF KUTTIADI POLICE STATION, KOZHIKODE. PETITIONERS/ACCUSED NOS.1 TO 4: --------------------------------------- 1. BIJU, S/O.POKKAN, AGED 32 YEARS, MADAM MOOLAYIL HOUSE, KUTTIYADI, URATH. 2. BIJESH, S/O.ARIMANI, AGED 27 YEARS, OZHINJILOTT HOUSE, VELOM, SANTHI NAGAR. 3. RAJU, S/O.NANU, AGED 33 YEARS, AZHUKKANCHALIL HOUSE, KUTTIADI, URATH. 4. RAHUL, AGED 20 YEARS, S/O.KUNHIKKANNAN, KUNNUMMAL HOUSE, KOTTA, VELOM. BY ADV. SRI.P.S.SREEDHARAN PILLAI SRI.T.K.SANDEEP RESPONDENT: COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 10627 OF 2011 ------------------------------------------------------ Dated this the 23rd day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 4 in Crime No.629 of 2011 of Kuttiadi Police Station, Kozhikode District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 341, 324, 294(b), 307 and 153A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 9.11.2011 at 10.45 P.M., the accused persons formed themselves into an unlawful assembly armed with deadly weapons and restrained the defacto complainant and his brother and inflicted injuries with iron rod and chopper. 4. The petitioners were arrested on 16.11.2011 and they were remanded to judicial custody. BAIL APPL. NO.10627 OF 2011 :: 2 :: 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, however, only with effect from 30.12.2011. 6. The petitioners shall be released on bail only on 30.12.2011 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, Nadapuram, subject to the following conditions: a) The petitioners shall surrender their Passports before the Court of the Judicial Magistrate of the First Class, Nadapuram. If the petitioners do not have any Passport, an affidavit sworn to by them to that effect shall be filed before the learned Magistrate; b) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter, on all Mondays, till the final report is filed or until further orders; c) The petitioners shall appear before the investigating officer for interrogation as and when required; BAIL APPL. NO.10627 OF 2011 :: 3 :: 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/