IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 Bail Appl..No. 596 of 2010() ---------------------------- CRIME NO.60/2010 OF KUNNAMKULAM POLICE STATION PETITIONERS : ACCUSED NOS.3 & 4 ------------------------------------------------ 1. SINISH, S/O.VELAYUDHAN, CHOONDALI HOUSE, KIZHOOR DESOM, KUNNAMKULAM, THRISSUR DISTRICT. 2. DINISH, S/O.VELAYUDHAN, EARATH HOUSE, KIZHOOR DESOM, KUNNAKULAM, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.596 of 2010 --------------------------------------------- Dated this the 5th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.3 and 4 in Crime No.60 of 2010 of Kunnamkulam Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 342, 323, 324 and 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 17.1.2010 at 5.45 P.M. The prosecution case is that the de facto complainant and his friend were attacked by the accused persons. The first accused used an iron rod for committing the offence. The petitioners were arrested on 19.1.2010 and they were remanded to judicial custody. 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. BA No.596/2010 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, Kunnamkulam, 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 csl