IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 Bail Appl..No. 5385 of 2009() ----------------------------- CRIME NO.252/2009 OF KALPETTA POLICE STATION PETITIONERS/ACCUSED 1 TO 4 --------------------------------------------- 1. ANOOP,S/O.RAVEENDRAN,AGED 27/09, NAVANEETH HOUSE,ULISSERYKUNNU,MEENCHANTHA, KOZHIKODE. 2. SUBEESH.K,S/O.RAMAKRISHNAN,AGED 26/09, KATTIL HOUSE,ULLISSERYKUNNU,MEENCHANDA,KOZHIKODE. 3. PRAJEESH,S/O.AHAMMED KOYA,AGED 26/09, C.C.HOUSE,MEENCHANDA,KOZHIKODE. 4. DHARMESH,S/O.DHARMARAJ,AGED 32/09, SOUPARNIKA,OLAVANNA,KOZHIKODE DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE,KALPETTA POLICE STATION. 2. STATE REP;BY P.PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5385 of 2009 --------------------------------------------- Dated this the 22nd day of September, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 4 in Crime No.252 of 2009 of Kalpetta Police Station. 2. The offences alleged against the petitioners are under Sections 323, 354 and 511 of 366 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was during midnight on 3.9.2009. The petitioners were arrested on 4.9.2009. They are in judicial custody since then. 4. The learned Chief Judicial Magistrate dismissed the application for bail by the order dated 5.9.2009. The learned Sessions Judge dismissed the application for bail, submitted by the petitioners, on 14.9.2009. The investigation has progressed much thereafter. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.5385/2009 2 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. 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 Chief Judicial Magistrate, Kalpetta, 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