IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 Bail Appl..No. 2757 of 2009 CRIME NO.112/2009 OF THE VANDANMEDU POLICE STATION CRMP.1402/2009 of D.C.& SESSIONS COURT,THODUPUZHA PETITIONERS: ACCUSED NOS.1, 2 AND 3: -------------------- 1. SHARAF @ SHARAFUDEEN, AGED 29 YEARS, S/O. ABDUL VAHAB, PUTHENPEEDIKAYIL VEEDU, ANYARTHOLU KARA, PAMPADUMPARA VILLAGE. 2. KABEER, AGED 32 YEARS, S/O. KOCHUMUHAMMED, PUTHUMANA VEEDU, MOONKALAR KARA, VANDIPERIYAR VILLAGE. 3. JALEEL, S/O. KASSIM, AGED 26 YEARS, PUTHENPEEDIKAYIL VEEDU, ANYARTHOLU KARA, PAMPADUMPARA VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT: --------------- STATE OF KERALA THROUGH 1. THE SUB INSPECTOR OF POLICE, VANDANMEDU POLICE STATION, 2. THE CIRCLE INSPECTOR OF POLICE, VANDANMEDU POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2757 OF 2009 F ------------------------------------------------------ Dated this the 27th May, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused persons in Crime No.112 of 2009 of the Vandanmedu Police Station. 2. The offence alleged against the petitioners are under Sections 324 and 307 read with Section 34 of the Indian Penal Code. 3. It is submitted that the accused were arrested on 25.4.2009 and they are in judicial custody since then. The investigation of the case is almost over. Recovery was made and most of the eye witnesses were questioned. 4. 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. 5. 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 B.A. NO. 2757 OF 2009 :: 2 :: satisfaction of the Judicial Magistrate of the First Class, Nedunkandum, 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 ahz/