IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 Bail Appl..No. 6128 of 2009() ----------------------------- CRIME NO.86/2009 OF RAJAPURAM POLICE STATION, KASARAGOD .................... PETITIONERS/ACCUSED NOS. 1 TO 6 --------------------------------------------------- 1. BHASKARAN T., @ KARATHUTTY, S/O.KARIYAN, AGED 44 YEARS, MEETHALEVEETTIL, MAYILPARA, KOTOM VILLAGE. 2. BHARATHAN.T., S/O.KARIYAN, AGED 52 YEARS CHEVOODU, MEKKOTOM, KOTOM VILLAGE. 3. VIJAYAN.T., S/O.KARIYAN, AGED 47 YEARS, MEETHALEVEETTIL, VILANGIL, KOTOM VILLAGE. 4. VINOD @ BINU.T., S/O.RAMAN, AGED 27 YEARS, VILANGIL, MAYILPPARA, KOTOM VILLAGE. 5. ANISH T., S/O.KANNAN, AGED 27 YEARS, NELLIMOTTA, PULIKKOTTU, MUNNAD VILLAGE. 6. UMESH KUMAR V.K., S/O.KANNAN, AGED 25 YEARS, NELLIMOTTA, PULIKKOTTU, MUNNAD VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, RAJAPURAM POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6128 of 2009 --------------------------------------------- Dated this the 23rd day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 6 in Crime No.86 of 2009 of Rajapuram Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 324, 326 and 307 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 8.8.2009. The petitioners were arrested on 6.10.2009. It is submitted by the learned Public Prosecutor that the investigation is at the final stage. 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. BA No.6128/2009 2 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, Hosdurg, 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; 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