IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Bail Appl..No. 8319 of 2011() ----------------------------- CRMP.5735/2011 of J.M.F.C., KODUNGALLUR .................... PETITIONER/ACCUSED 1,2,4 TO 6: ------------------------------------------------- 1. CHANDY@VIPIN, AGED 30 YEARS, S/O. SUDHAKARAN, PANIKKASSERY HOUSE, KOPRAKKALAM, THALIKKULAM P.O., THRISSUR. 2. JIJOJ, AGED 27 YEARS, S/O. PRAKASAN, PULIKKAL HOUSE, CHERKKARA DESOM, THALIKKULAM P.O., THRISSUR. 3. SANEESH @ KELPU, AGED 28 YEARS, S/O. BABU, PULIPARAMBIL HOUSE, THALIKKULAM P.O., THRISSUR. 4. VIPIN, AGED 23 YEARS, S/O. BALAN, NAMBI HOUSE, KAIDAKKAL DESOM, THALIKKULAM P.O., THRISSUR. 5. SANEESH @ CHIKURAMAN AGED 22 YEARS, S/O. DASAN, MEPPURATH HOUSE, POONICHIRA DESOM, NATTIKA VILLAGE, THRISSUR. BY ADV. SRI.M.B.PRAJITH RESPONDENT/COMPLAINANT: -------------------------------------------- 1. STATE OF KERALA, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE STATION HOUSE OFFICER, VALAPPADU POLICE STATION, (CRIME NO.770 OF 2011), THRISSUR. PUBLIC PROSECUTOR SRI. V. TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AMG K.T.SANKARAN, J. --------------------------------- B.A. No.8319 OF 2011 --------------------------------- Dated this the 10th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 2 and 4 to 6 in Crime No.770 of 2011 of Valappadu Police Station, Thrissur District. 2.The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 326 and 307 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 7.8.2011. The petitioners surrendered before Investigating Officer on 18.8.2011 and they were remanded to judicial custody. 4. As per the order dated 4th October, 2011 in Bail Application No.8002 of 2011, bail was granted to accused No.3. 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 offences and the present stage of B.A. No.8319 OF 2011 2 investigation, I am of the view that bail can be granted to the petitioners . 6.The petitioners shall be released on bail on their executing bond for Rs.25,000/-(Rupees Twenty Five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kodungallur, subject to the following conditions: A) The petitioners shall not enter into the limits of Valappadu Police Station for a period of two months except for the purpose of complying with conditions 'B' and 'C'. B) 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. C) The petitioners shall appear before the investigating officer for interrogation as and when required; 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) The petitioners shall cooperate with the B.A. No.8319 OF 2011 3 investigating officer in the matter of investigation. G) 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 cms