IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933 Bail Appl..No. 3508 of 2011() ----------------------------- CMP.4081/2011 of J.M.F.C., PARAVOOR ................... PETITIONERS/ ACCUSED 2&3 -------------------------------------------- 1. SYAM RAJ, AGED 23 YEARS, S/O. SOMARAJAN, CHARUVILA PUTHEN VEEDU, NEAR N.S.S. SCHOOL, MAMPALLIKUNNAM CHERRY, MEENADU VILLAGE, KOLLAM DISTRICT. 2. SANAL KUMAR, AGED 25 YEARS, S/O.SASIKUMAR, CHARUVILA VEEDU, KOIPADU, MAMPALLIKUNNAM CHERRY, MEENADU VILLAGE, KOLLAM DISTRICT. BY ADVS. SRI.SURESH KUMAR KODOTH SMT.HEMALATHA RESPONDENT/STATE ------------------------------- STATION HOUSE OFFICER, CHATHANOOR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR : SRI SABU SREEDHARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. ------------------------------------- BA No. 3508 of 2011 ------------------------------------- DATED THIS THE 17th DAY OF MAY 2011 O R D E R This is a bail application filed by the accused No.2 & 3 in Crime No.1153/2010 of Chathanoor Police Station in Kollam district . 2. The allegation against the petitioner is that on September 27, 2010 at about 5.30 p.m. Petitioners along with accused No.1 took the defacto complainant in an autorickshaw and assaulted him causing grievous injuries and thereby committed offences punishable under Section 323, 324, 326, 367, 120 (b), 506 (ii) and read with 34 of IPC. They were arrested on April 26, 2011. Their bail applications were dismissed by the Magistrate. They are in remand from April 26, 2011 onwards. 3. Notice given to Public prosecutor. Public Prosecutor opposed the bail application. Heard the counsel for the Petitioners and the Public Prosecutor. 4. For the following reasons I am inclined to grant bail to petitioners. They are remand from April 26, 2011 onwards. Further, first accused has already been released on bail by the Magistrate. Public Prosecutor submitted that the investigation in this case is almost over. He produced the case diary. A perusal BA No.3508/2011 -2- of the same shows that main witnesses have already been questioned. Under these circumstances, I am of the view that the petitioners can be released on bail, but subject to conditions. 5. In the result, the petition is allowed. The petitioners shall be released on bail on each of them executing a bond for Rs.25,000/- (Twenty five thousand only) with two solvent sureties for like sum each to the satisfaction of the Munsiff Magistrate, South Paravur, Kollam on the following conditions:- (1) Petitioners shall appear before the Investigating Officer on all Mondays between 10 a.m and 11 a.m. (2) Petitioners shall co-operate with the investigation. (3) Petitioners shall not intimidate the witnesses. (4) Petitioners shall not commit similar offence while on bail. (5) If the petitioners violate any of the conditions mentioned above, lower court can cancel their bail. Sd/- P.Q. BARKATH ALI, JUDGE AMG True copy P.A to Judge