IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 Bail Appl..No. 4050 of 2009() ----------------------------- CRIME NO.286/2009 OF ETTUMANOOR POLICE STATION .................... PETITIONERS/ACCUSED NOS.2 AND 3 --------------------------------------------------- 1. ANISH,S/O.RAJAPPAN,NELLIKUNNEL VEEDU, PERUMBAIKADU VILLAGE. 2. SHINE,S/O.SIVAN,PANACHIKUNNEL VEEDU, KANAKKARY VILLAGE,KURUMELLUR KARA, NOW RESIDING AT NEDIYAKALLAYIL VEEDU, MANNANAM KARA. BY ADV. SRI.S.NIRMAL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE,REP.BY THE S.I.OF POLICE, ETTUMANOOR POLICE STATION,(CRIME 286/09), REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4050 of 2009 --------------------------------------------- Dated this the 24th day of July, 2009 ORDER 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.286 of 2009 of Ettumanoor Police Station. 2. The offence alleged against the petitioners are under Section 394 read with Section 34 of the Indian Penal Code. The petitioners were arrested on 12.6.2009. 3. I have perused the case diary. 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 on stringent conditions. 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-I, Ettumanoor, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, till the final report is filed or until further orders; BA No.4050/2009 2 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