IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 Bail Appl..No. 609 of 2009() ---------------------------------------- (CRIME NO.764/08 OF VAIKOM POLICE STATION) PETITIONER(S): ACCUSED 1,3 TO 6: ---------------------------------------------------------- 1. RUPESH, S/O.MURALEEDHARAN, LAKSHMI VILASAM, UDAYANAPURAM P.O., VAIKOM. 2. ANURAJ @ THAMPI, SREE VALSAM, UDAYANAPURAM P.O., VAIKOM. 3. RAJESH @ KAVALA RAJESH, S/O.KARUMBAN, PATHUPARA HOUSE, VAIKOM. 4. SHERIFF, S/O.PAREED, ANZA MANZIL, UDAYANAPURAM P.O., VAIKOM. 5. SAJIMON @ KUMAR, S/O.CHANDRAN, ILLIKKAL HOUSE, UDAYANAPURAM P.O., VAIKOM. BY ADV. MR.DILIP MOHAN RESPONDENT(S): COMPLAINANT/STATE: --------------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, VAIKOM POLICE STATION. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 609 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 9th day of February, 2009 O R D E R Petition for bail. 2. The alleged offences are under sections 341, 323, 324, 307 read with section 34 IPC. According to prosecution, petitioners (A1, A3 to A6) along with 2nd accused in furtherance of common intention wrongfully restrained de facto complainant and assaulted him using cricket bat, etc. and attempted to commit murder. 3. The incident occurred on 2-11-2008. Petitioners applied for anticipatory bail and as per direction of this Court, petitioners surrendered before the court on 5-1-2009 and police custody was given and recovery was effected. 4. Learned Public Prosecutor submitted that accused nos.1, 4 and 6 are involved in other cases and hence, stringent conditions may be imposed while granting bail but he has no objection in granting bail . 5. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. 6. Hence, petitioners shall be released on bail on their executing a bond for Rs.50,000/- each with two solvent sureties BA 609/09 -2- each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioners shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. 2) Petitioners shall not enter the limits of the police station within which the crime is registered except for compliance of direction in condition (1). 3) Petitioners shall not intimidate or influence any witness or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.