IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 Bail Appl..No. 1367 of 2010() ----------------------------- CRIME NO.61/2010 OF KASARAGOD POLICE STATION .................... PETITIONERS/ACCUSED 1,2 & 5 ---------------------------------------------- 1. B.RAJESH @ RAJU, S/O.LATE BABU, AGED 23 YEARS, PERIADUKA HOUSE, PERIYADUKA, SHIRIBAGILU VILLAGE, KASARAGOD. 2. P.K.MANIKANDAN @ MANI, S/O.LATE KRISHNAN, AGED 22 YEARS, PERIADUKA HOUSE, PERIYADUKA, SHIRIBAGILU VILLAGE, KASARAGOD. 3. HAREESH.B., S/O.MADHAVAN, AGED 22 YEARS, BAGAVATHI NAGAR, SHIRIBAGILU, PERIYADUKAM, KUDLU GRAMAM, KASARAGOD. BY ADV. SRI.S.JIJI RESPONDENT(S): COMPLAINANT -------------------------- THE STATION HOUSE OFFICER, KASARGOD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/03/2010, ALONG WITH B.A.NO.1369/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.Nos.1367 & 1369 of 2010 --------------------------------------------- Dated this the 15th day of March, 2010 O R D E R These Bail Applications are filed under Section 439 of the Code of Criminal Procedure in Crime Nos. 61 of 2010 and 847 of 2009 of Kasaragod Police Station. 2. In Bail Application No.1367 of 2010, the petitioners, namely, B.Rajesh @ Raju, P.K.Manikandan @ Mani and Hareesh.B. are accused Nos.1, 2 and 5 in Crime No.61 of 2010 of Kasaragod Police Station. The offences alleged against them are under Sections 143, 147, 148, 341, 324, 307 and 506(ii) read with Section 149 of the Indian Penal Code. The date of occurrence was on 18.1.2010. Accused Nos.1 and 2 were arrested on 31.1.2010 and accused No.5 was arrested on 23.1.2010. It is alleged that the de facto complainant was attacked by the accused persons on account of the fact that he was an eye witness in Crime No.709 of 2008 of Kasaragod Police Station. 3. Bail Application No.1369 of 2010 relates to Crime No.847 of 2009 of Kasaragod Police Station. The petitioners, P.K.Manikandan @ Mani and B.Rajesh @ Raju are respectively BA Nos.1367 & 1369/2010 2 accused Nos.1 and 2. The offences alleged against them are under Sections 143, 147, 148, 153A, 323, 324, 326 and 308 read with Section 149 of the Indian Penal Code. The date of occurrence was on 15.11.2009. The petitioners were arrested on 31.1.2010. The petitioners are in judicial custody in both the cases from the last week of January onwards. 4. The learned Public Prosecutor submitted that Rajesh @ Raju and Manikandan @ Mani are the accused in Crime No.709 of 2008 of Kasaragod Police Station where the offence alleged is under Section 302 of the Indian Penal Code. Manikandan @ Mani is also an accused in Crime No.839 of 2009 of Kasaragod Police Station. 5. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 6. 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.50,000/- each in each case with two solvent sureties BA Nos.1367 & 1369/2010 3 for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod, 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 surrender their passports before the Judicial Magistrate of the First Class-I, Kasaragod within one week from today. If any of the petitioners does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week; d) 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 Applications are allowed as above. K.T.SANKARAN, JUDGE csl