IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 Bail Appl..No. 995 of 2010 CRIME NO.120 OF 2010 OF KOTTIYAM POLICE STATION, KOLLAM PETITIONERS/ACCUSELD NO.1 AND 2 --------------------------------------------------- 1. SHYAMLAL,S/O.SASI,LAL BHAVANAM, PULICHIRA CHERIYIL,THAZHUTHALA. 2. SUMESH,S/O.THULASEEDHARAN, SURESH BHAVANAM,PERAYAM CHERIYIL, THAZHUTHALA. BY ADV. SRI.AJAYAKUMAR G. RESPONDENT: COMPLAINANT AND STATE ------------------------------------ STATE OF KERALA,REPRESENTED PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 995 OF 2010 ------------------------------------------------------ Dated this the 22nd day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No.120 of 2010 of Kottiyam Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324 and 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 26.1.2010. The petitioners were arrested on 4.2.2010. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. NO. 995 OF 2010 :: 2 :: 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. 6. 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-II, 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 ahz/