IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 Bail Appl..No. 6909 of 2009(A) ------------------------------------------ (C.M.P.NO.10067/09 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTTARAKKARA, CRIME NO.1746/2009 OF THE KOTTARAKKARA POLICE STATION) ............ PETITIONERS/ACCUSED: ------------------------------------ 1. GEORGEKUTTY, S/O.THOMAS, VILAYIL VEEDU, SADANANDAPURAM MURI, VETTIKAVALA VILLAGE. 2. KRISHNAN KUTTY @ AJI, S/O.OMANAKUTTAN PILLAI, KOTOOR PANDIJATTATHIL VEEDU, VETTIKAVALA VILLAGE. BY ADV. MR.K.T.THOMAS. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ B.A.NO.6909 OF 2009 ------------------------------------------ Dated 7th December 2009 O R D E R Petitioners are accused in Crime No.1746/2009 of Kottarakara police station registered for the offences under Sections 308 and 109 of Indian Penal Code. Prosecution case is that on 18/10/2009 at about 8.30 p.m in furtherance of their common intention, first petitioner beat on the head of the injured causing grievous hurt and they thereby committed the offences. Petitioners were arrested on 3/11/2009. Since then, they have been in custody. Learned counsel appearing for the petitioners submitted that petitioners were already given to the police for interrogation and as they have been in custody since 3/11/2009, they be granted bail and they are prepared to abide by any condition. 2. Learned Public Prosecutor submitted that investigation is in progress and if petitioners are to be released on bail, sufficient conditions be imposed. 3. Considering the fact that petitioners have been in custody since 3/11/2009 and they have been sufficiently interrogated after, giving their custody to the police, it is not in the interest of justice to BA 6909 2 continue the detention. On sufficient conditions they could be released on bail. 4. petitioners are to be released bail on executing bond for Rs.20,000/- with two solvent sureties each for the like sum to the satisfaction of Judicial First Class Magistrate, Kottarakara on the following conditions. 1) Petitioners shall appear before the investigating officer on every Wednesday between 10 and 12 a.m for one month and thereafter as and when requested by the investigating officer. 2) Petitioners shall not induce, threaten or influence any witness from revealing facts known to them to the investigating officer or to the court. 3) Petitioners shall not leave the State without the permission of the Magistrate. 4) Petitioners shall not involve in any other offence and shall co-operate with the investigation. M.SASIDHARAN NAMBIAR, JUDGE. uj.