IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 Bail Appl..No. 9140 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.8566/2011 Dated 27/10/2011 MC.1527/2011 of D.C. & SESSIONS COURT, ERNAKULAM Crime No.819 of 2011 of Nedumbassery Police Station. .................... PETITIONERS/ACCUSED ------------------------------ 1. VINU AGED 19 YEARS, S/O.VIKRAMAN, VISHNU VIHAR HOUSE, ATHANI, NEDUMBASSERY, 2. VISHNU AGED 21 YEARS, S/O.VIKRAMAN, VISHNU VIHAR HOUSE, ATHANI, NEDUMBASSERY, 3. PRASAD AGED 24 YEARS, S/O.CHATHAN, VAZHAVELIPARAMBIL HOUSE, ATHANI, THURUTHUSSERY BY ADV. SMT.AYSHA YOUSEFF SRI.V.K.SIDHIQUE SMT.SAJITHA SIDHIK RESPONDENT(S): --------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.9140 OF 2011 --------------------------------- Dated this the 10th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.819 of 2011 of Nedumbassery Police Station. 2.The offences alleged against the petitioners are under Sections 143, 147, 148, 324, 326, 307 and 427 read with 149 of the Indian Penal Code. 3. Bail Application No.8566 of 2011 was dismissed by this court as per the order dated 27th October, 2011, in so far as it relates to the petitioners. However, bail was granted to the other accused. 4. The learned Public Prosecutor submitted that B.A.No. 9140 OF 2011 2 accused No.1 is involved in 6 other crimes and accused Nos.2 and 3 are involved in an offence under Section 308 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 petitioners with effect from 30.11.2011. 6.The petitioners shall be released on bail only on 30.11.2011 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 Court having jurisdiction, 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 and Thursdays for a period of one month and thereafter 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; B.A.No. 9140 OF 2011 3 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) The petitioners shall cooperate with the investigating officer in the matter of investigation. F) 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. cms