IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 Bail Appl..No. 3307 of 2009 CRIME NO.513 OF 2009 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT. PETITIONERS: ACCUSED 1 TO 4: -------------------- 1. AZIZ, S/O. SAINUDHEEN, CC NO. 23/755/KMP NAGAR, IDAKOCHI VILLAGE, ERNAKULAM DISTRICT, PALLURUTHI MURI. 2. BENNY, KARIKKAPARAMBIL VEEDU, MEELEDAM KARA, NATTAKAM VILLAGE, KOTTAYAM DISTRICT, DIVANPURAM. 3. PRASANTH, ANJILIMOOTTIL VEEDU, CHANTHAYIKKATTU VILLAGE, CHANTHAYIKKATTU MURI, CHINGAVANAM. 4. PRASAD, MADATHETHIL, KELANKAMALA BHAGATHU, KURICHI VILLAGE, KOTTAYAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3307 OF 2009 ------------------------------------------------------ Dated this the 19th June, 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.513 of 2009 of Thiruvalla Police Station. 2. The offence alleged against the petitioners is under Section 394 of the Indian Penal Code. 3. The petitioners were arrested on 29.5.2009 and they are in judicial custody. Learned Public Prosecutor submitted that charge was laid in the case. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners and the fact that charge was laid in the case, 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.50,000/- each with two solvent sureties for the like amount to the B.A. NO. 3307 OF 2009 :: 2 :: satisfaction of the Judicial Magistrate of the First Class, Thiruvalla, subject to the following conditions: a) The petitioners shall report before the Sub Inspector of Police, Thiruvalla between 9 A.M. and 11 A.M. on every alternate Mondays, until further orders; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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/