IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 Bail Appl..No. 5172 of 2009 CRIME NO.576 OF 2009 OF PATHANAPURAM POLICE STATION, KANNUR PETITIONER/ACCUSED NOS.1,2, & 4 --------------------------------------------------- 1. RAJESH, AGED 31 YEARS, S/O. MADHAVAN PILLAI, ANIL VILASOM, VEEDU, KADUVATHODU WARD, PATTAZHI VADAKKEKKARA VILLAGE. 2. SAJAYAN, AGED 22 YEARS, S/O. DHAMODHARAN, SAJAYA BHAVANIL NEAR CHELIKUZHI L.P.S. CHELIKUZHI WARD, PATTAZHI VADAKKEKKARA VILLAGE. 3. MANU, AGED 20 YEAR, S/O.MADHAVAN, MANU BHAVAN, KEETHADIYIL KADUVATHODU WARD, PATTAZHI VADAKKEKKARA VILLAGE. BY ADV. SRI.C.RAJENDRAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, PATHANAPURAM POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5172 OF 2009 ------------------------------------------------------ Dated this the 9th day of September, 2009 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.1, 2 and 4 in Crime No.576 of 2009 of Pathanapuram Police Station. 2. The offences alleged against the accused persons are under Sections 143, 147, 148, 324 and 308 of the Indian Penal Code. 3. The date of occurrence was on 24.8.2009. The petitioners were arrested on 26.8.2009 and they were remanded to judicial custody. 4. It is submitted by the learned Public Prosecutor that if the petitioners are released on bail, there is every likelihood of a clash between two political parties. B.A. NO. 5172 OF 2009 :: 2 :: 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. 6. 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 – III, Punalur, 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 the limits of Pathanapuram Police Station for a period of one month except for complying with conditions (a) and (b); d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; B.A. NO. 5172 OF 2009 :: 3 :: 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 ahz/