IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 Bail Appl..No. 2815 of 2009() ----------------------------- CRIME NO.100/2009 OF PERUVANTHANAM POLICE STATION .................... PETITIONERS/ACCUSED 1,3 & 4 ----------------------------------------------- 1. SINAJ, S/O. HUSSAINAR, PARACKAL HOUSE, TR & T ESTATE LAYAM, MATHAMBA KARA, PERUVANTHANAM VILLAGE. 2. DILEEP, S/O. CHANDRAN, PARAYIL HOUSE, TR & T ESTATE LAYAM, PAWARD BHAGOM, MATHAMBA KARA, PERUVANTHANAM VILLAGE. 3. ANISH, S/O. KUNCHAPPAN, PUTHENVEETTIL HOUSE, VELLANI BHAGOM, MATHAMBA KARA, PERUVANTHANAM VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.2815 of 2009 ---------------------------------- Dated this the 3rd day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 3 and 4 in Crime No.100 of 2009 of Peruvanthanam Police Station. 2. The offences alleged against the petitioners are under Sections 294(b), 308 and 324 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 16.5.2009, the date on which the counting of votes in the Parliament Election was held, the incident occurred. 4. The learned counsel for the petitioners submitted that the injuries sustained are simple in nature, which is true on a perusal of the case diary. The petitioners were arrested on 16.5.2009. 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. BA No.2815/2009 2 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 First Class-II, Peermade, 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