IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 Bail Appl..No. 3706 of 2009() ----------------------------- CMP.5776/2009 IN CRIME NO.522/09 OF CHENGANNUR POLICE STATION .................... PETITIONERS/ACCUSED 2 TO 6: ---------------------------------------- 1. SUDHEESH, AGED 23 YEARS, S/O.SUKUMARAN, THUNDIYIL HOUSE, THIRUVANVANDOOR MURI, THIRUVANVANDOOR VILLAGE. 2. JYOTHISH, AGED 19 YEARS, S/O.MURALEEDHARAN, JYOTHISH BHAVAN, THIRUVANVANDOOR MURI, THIRUVANVANDOOR VILLAGE. 3. SARATH, AGED 18 YEARS, S/O.SASI, SARATH BHAVAN, THIRUVANVANDOOR MURI, THIRUVANVANDOOR VILLAGE. 4. MANU KRISHNAN, AGED 18 YEARS, S/O.KRISHNAN, HANJIPPUZHETHU COLONY, VANAVATHUKKARA MURI, THIRUVANVANDOR VILLAGE. 5. SARTH, AGED 19 YEARS, S/O. SASI, SARATH BHAVAN, VANAVATHUKKARA MURI, THIRUVANVANDOOR VILLAGE. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.3706 of 2009 ------------------------------- Dated this the 8th day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused Nos.2 to 6 in Crime No.522 of 2009 of Chengannur Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 152, 324, 452 and 308 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 23.6.2009, at 8.30 P.M., the accused persons criminally trespassed into the house of the defacto complainant and attacked him with a sword stick and other weapons. The petitioners were arrested on 25.6.2009 and they are in judicial custody. 4. Learned counsel for the petitioners submitted that Crime No.524 of 2009 was registered on the basis of the information given by the mother of the first accused against the defacto complainant and others alleging offences under Sections 451, 354 and 323 of the Indian Penal Code. 5. I have perused the case diary file. The wound certificate is BA No.3706/2009 2 not available in the files. 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. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chengannur, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Monday and Thursday, 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