IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 27TH AUGUST 2010 / 5TH BHADRA 1932 Bail Appl..No. 5060 of 2010() ------------------------------------------ (CSRIME NO.1022/2010 OF NEYYATTINKARA POLICE STATION, THIRUVANANTHAPURAM DISTRICT) ..... PETITIONERS (S): ACCUSED A2,A4 AND A5: ----------------------------------------------------------------- 1. SHAMEER, S/O.MAJEEN MAJEED, PUTHUVAL PUTHEN VEEDU, VAZHIMUKKU, THALAYAL DESOM, ATHIYANNOOR VILLAGE. 2. AL AMEEN, S/O.MOIDEENKANNU, PLAVILA PUTHEN VEEDU, HOUSE NO.NMC.1/74, THALAYAL DESOM. 3. YOONUS, S/O.ABDUL KALAM, PACHIKODE PUTHEN VEEDU, NMC.1/125, VAZHIMUKKU, THALAYAL DESOM. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5060 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of August, 2010 ORDER This is a petition filed under Section 439 of Criminal Procedure Code seeking bail. 2. Petitioners are accused Nos. 2, 4 and 5 in Crime No.1022 of 2010 of Neyyattinkara Police Station for having committed the offences punishable under Section 395 Indian Penal Code read with Section 27 of the Arms Act. 3. The prosecution version is that the accused, five in number, armed with weapons attacked the defacto complainant and caused injuries to him. They also deprived him of a gold bracelet. The accused were arrested and produced before the court on 8.8.2010. Since then they have been in custody. 4. It is pointed out by the learned counsel for the petitioners that the petitioners have been falsely implicated and they are totally innocent. It is also B.A.5060/2010. 2 pointed out that their continued custody is not necessary since a good part of the investigation is over. They therefore seek bail. 5. Learned Public Prosecutor was heard. 6. It is not possible to gather the real nature of injuries suffered by the victim. Moreover the petitioners have been in custody from 8.8.2010. 7. There is nothing to indicate that their continued custody is necessary. In the result, this application is allowed as follows: 1) Petitioners shall be released on bail on each of them executing a bond for Rs.10,000/- (Rupees Ten Thousand only) with two solvent sureties each for the like sum each to the satisfaction of JFCM, Neyyattinkara. 2) Petitioners shall report before the investigating officer on every Friday between 10 a.m. and 11 a.m. till final report is laid. B.A.5060/2010. 3 3) Petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. P. BHAVADASAN, JUDGE sb.