IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 Bail Appl..No. 6189 of 2009() ------------------------------------ CRIME NO.61/2009 OF CBCID KANNUR PETITIONER/ACCUSED 5 & 6: -------------------------------------------- 1. SARATH K, S/O.RAGHAVAN, SOUPARNIKA HOUSE,CHEMBAD, PANOOR KANNUR. 2. K.V.RAGESH, S/O.DAMODHARAN, KOTTERI VEETIL, PANOOR, KANNUR. BY ADV. SRI.P.V.SURENDRANATH RESPONDENT/COMPLAINANT: ------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KRALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6189 of 2009 ------------------------------------ Dated this the 22nd day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.5 and 6 in Crime No. 61/2009 of CBCID, Kannur. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 447, 506(ii) and 302 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 4/3/2007. Originally, the petitioners were not in the array of accused. Later, they were also implicated as accused Nos.5 and 6. The petitioners were arrested on 7/8/2009 and they are in judicial custody since then. The petitioners have got a case that they were really arrested on 31/7/2009 and they were produced before the court on 7/8/2009. That question need not be considered while disposing of this Bail Application. 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 B.A. No.6189/2009 2 petitioners on stringent conditions. 5. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/-each with two solvent sureties each for the like amount to the satisfaction of the Additional Chief Judicial Magistrate, Thalassery 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 and Thursdays, 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 scm