IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 Bail Appl..No. 8725 of 2011 CRIME NO.385 OF 2011 OF ADHUR POLICE STATION, KASARAGOD. PETITIONERS/ACCUSED NOS.8 &15 ------------------------------------------------- 1. INDRAJITH.S.R., AGED 21 YEARS, S/O.RAVEENDRAN, SREYAS HOUSE, CHENOLI, NOCHADI VILLAGE, KOYLANDI TALUK, KOZHIKODE DISTRICT. 2. SACHIN RAMESH V.V., AGED 22 YEARS, S/O.RAMESHKUMAR V.V.,ARCHANA HOUSE, NEAR RAIDCO COMPANY, ERTHOLI, THALASSERRY TALUK, KANNUR DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------- B.A.No.8725 of 2011 --------------------------------------- Dated this the 3rd day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.8 and 15 in Crime No.385 of 2011 of Adhur Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 452, 341, 324, 427 and 308 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 13.10.2011, the accused persons attacked the de facto complainant and his friends who were staying in a rented house and caused serious injuries to them. It is alleged that the de facto complainant and his friends were beaten with iron pipe and other weapons. The de facto complainant and his friends as well as the accused are stated to be students studying in the same college. Both the BA No. 8725 of 2011 2 groups belong to different students' organizations having different political allegiance. 4. The learned Public Prosecutor submitted that the petitioners are involved in two other cases. It is also submitted that the investigation is not over and if the petitioners are released on bail, they would indulge in similar criminal activities. 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 offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners, however, only with effect from 14.11.2011. The petitioners shall be released on bail only on 14.11.2011 on their executing bond for `25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Kasaragod, subject to the following conditions: BA No. 8725 of 2011 3 A) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Sundays, 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/