IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 Bail Appl..No. 3426 of 2009() ----------------------------- CRIME NO.272/2009 OF KILIKOLLOOR POLICE STATION PETITIONERS/ACCUSED 1 AND 2 ----------------------------------------------- 1. SURENDRAN,AGED 50 YEARS, S/O.SREEDHARAN,KALLAZHIKATHU VEEDU, THATTARKONAM.PO,THAHA MUKKU,KOLLAM. 2. ANILKUMAR,AGED 28 YEARS,S/O.RAVEENDRAN, CHARUVILA PUTHEN VEEDU,KARUKONE CHERRY, KARUKONE.P.O,KANNANKODU,ANCHAL. BY ADV. SRI.P.B.SURESH KUMAR SRI.K.P.SUJESH KUMAR SRI.K.N.SASIDHARAN NAIR SMT.SANDHYA RADHAKRISHNAN SMT.M.SRUTHY RESPONDENT(S): --------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.3426 of 2009 --------------------------------- Dated this the 26th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused Nos.1 and 2 in Crime No.272 of 2009 of Kilikolloor Police Station. 2. The offences alleged against the petitioners are under Sections 341, 323 and 308 read with Section 34 of the Indian Penal Code. 3. I have gone through the case diary. The defacto complainant has stated to the doctor that he was attacked by the first accused and three identifiable persons. The statement was made to the doctor on 2.6.2009, the date of the incident, at 10.10 P.M. The F.I. Statement was recorded on 3.6.2009 at 6.30 P.M. In the FI statement, the defacto complainant has given the names of the petitioners. The petitioners were arrested on 4.6.2009 and they are in judicial custody. 4. It is submitted by the learned counsel for the petitioners that in respect of the incident on 2.6.2009, Crime No.274 of 2009 was registered by the police at the instance of the first petitioner. In that case, the first petitioner has alleged that he was attacked by the BA No.3426 /2009 2 defacto complainant in the present case on 2.6.2009. 4. 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. 5. 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-I, Kollam, 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; 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