IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 Bail Appl..No. 5437 of 2009() --------------------------------------- CMP.2600/2009 of J.M.F.C.-II,HOSDRUG CRIME NO.85/2009 OF VELLARIKUND POLICE STATION, KASARAGOD. .................... PETITIONERS/ACCUSED: --------------------------------------- 1. K.BABU,S/O.KESAVAN, MANIYERI VEEDU, KOOLIPPARA, WEST ELERI. 2. BABU,S/O.KARTHAMBU, KAPPANAYIL VEEDU, KOOLIPPARA, WEST ELERI. BY ADV. SMT.T.SUDHAMANI RESPONDENT/ COMPLAINANT: ------------------------------------------------- THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.5437 of 2009 ------------------------------------ Dated this the 25th day of September, 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.1 and 2 in Crime No.85/2009 of Vellarikund Police Station, Kasaragod. 2. The offence alleged against the petitioners is under Section 436 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 14/5/2009. The petitioners were arrested on 8/8/2009. It is submitted by the learned Public Prosecutor that after completing the investigation, charge was laid in the case. 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 fact that charge was laid, I am of the view that bail can be granted to the petitioners. 5. The petitioners shall be released on bail on their B.A. No.5437 /2009 2 executing a bond for Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Hosdurg subject to the following conditions:- A) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. B) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. C) 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