IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Bail Appl..No. 7325 of 2009() ----------------------------- CRIME NO.621/2009 OF VATANAPPALLY POLICE STATION, THRISSUR DISTRICT PETITIONERS/ACCUSED 1 AND 2: ------------------------------------------------ 1. SUBIN, S/O.SHANMUGHAN, KATTIL INNARAN VEEDU, VYASA NAGAR, VATANAPPALLY VILLAGE. 2. MANIKANDAN, S/O.KUMARAN, THAYYIL VEEDU, VATANAPPALLY BEACH DESOM. BY ADV. SRI.P.K.ANIL RESPONDENT(S): COMPLAINANT/STATE: --------------------------------- 1. THE SUB INSPECTOR OF POLICE, VATANAPPALLY POLICE STATION. 2. STATE REP.BY PUBLIC ROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7325 of 2009 --------------------------------------------- Dated this the 14th day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.621 of 2009 of Vatanappally Police Station, Thrissur District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The date of occurrence was on 3.9.2009. The petitioners were arrested on 13.11.2009. 4. The learned Public Prosecutor submitted that the first accused is involved in three other cases. The second accused is involved in 5 other cases including an offence under Section 302 of the Indian Penal Code. 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 BA No.7325/2009 2 petitioners on stringent conditions. 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, Chavakkad, 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 enter into the limits of Vatanappally Police Station, Thrissur District for a period of two months except for complying with conditions (a) & (b); d) 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