IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Bail Appl..No. 1126 of 2010() ----------------------------- CRIME NO.661/2009 OF VARAPUZHA POLICE STATION .................... PETITIONERS/ACCUSED -------------------------------------- 1. JOHNY, AGED 38 YEARS, S/O.JOSEPH MODAKUZHI VEEDU,KARINGANTHURUTH. 2. RYJAPPAN @ RYJU AGED 28 YERAS, S/O. RAVI, ADIYIRUTHI VEEDU, KARINGANTHURUTH. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.661 OF 2009 OF VARAPUZHA POLICE STATION) PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1126 of 2010 --------------------------------------------- Dated this the 25th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 3 in Crime No.661 of 2009 of Varapuzha Police Station. 2. The offences alleged against the petitioners are under Sections 341, 324, 326 and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 29.11.2009. The petitioners were arrested on 17.2.2010. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 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. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like BA No.1126/2010 2 amount to the satisfaction of the Judicial Magistrate of the First Class, North Paravur, 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