IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 Bail Appl..No. 6830 of 2009() ----------------------------- CRIME NO.812/09 OF KADACKAL POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. SANTHOSH,S/O.KOCHUCHERUKKEN,CHARUVILA PUTHEN VEEDU,THACHULNAPPOOPANKUNNU,MATHILIL MURI, MANGODU VILLAGE,KOTTARAKARA. 2. RIJU,S/O.THANAKAPPAN,AGED 20 YEARS, CHARUVILA PUTHEN VEEDU,MURALEEDHARAN PILLAI, KOLLANTAZHIKATHU VEEDU,THACHULNAPPOPANKUNNU, MATHILIL MURI,MANGODU VILLAGE,KOTTARAKKARA. 3. SAJITH,S/O.SATHYASEELAN,AGED 21 YEARS, KUNNUMPURATHU VEEDU,THACHULNAPPOPANKUNNU, MATHILIL MURI,MANGODU VILLAGE, KOTTARAKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY ITS DIRECTOR OF PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE,KADACKAL POLICE STATION,KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6830 of 2009 --------------------------------------------- Dated this the 20th day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused persons in Crime No.812 of 2009 of Kadackal Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 341 and 308 of the Indian Penal Code. 3. The date of occurrence was on 15.10.2009. The petitioners were arrested on 23.10.2009 and they were remanded to judicial custody. The learned Sessions Judge dismissed the application for bail filed by the petitioners, by the order dated 9th November, 2009. The investigation has progressed much thereafter. 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.6830/2009 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-II, Kottarakara, 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