IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Bail Appl..No. 6506 of 2011() ----------------------------- CMP.5957/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.790/2011 OF HOSDURG POLICE STATION KASARAGOD DISTRICT .................... PETITIONERS/ACCUSED 1 AND 3 ----------------------------- 1. JAMES.P.T, S/O,THOMAS,AGED 22 YEARS, RAVANESHWARAM,RAJEEV COLONY,CHITHARI VILLAGE, KASARGOD DISTRICT. 2. ROOPENDRAN.K, S/O.RAVI,AGED 24 YEARS, NEAR KURUNDOOR TEMPLE,QUARTERS, KANHANGAD VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM 682031. 2. THE STATION HOUSE OFFICER(CRIME NO.790 OF 2011) HOSDURG POLICE STATION, KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6506 of 2011 ---------------------------------------------- Dated this the 16th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 3 in Crime No.790 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 341, 323, 324, 294(b) and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 24/07/2011. Accused No.1 was arrested on 27/07/2011. Accused No.3 was arrested on 29/07/2011. 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 petitioners, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners. Bail Appln.No.6506/2011 : 2 : 6. The petitioners shall be released on bail on their executing bond for `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-I, Hosdurg, subject to the following conditions: A) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all alternate 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 skj