IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 Bail Appl..No. 2890 of 2009() -------------------------------------- CRIME NO.168/2009 OF VALIYATHURA POLICE STATION .................... PETITIONERS/ACCUSED 10 & 17: -------------------------------------------- 1. RAJAN @ VIPIN, S/O.EAPPACHAN, TC.44/837, OLG NAGAR, VALIYATHURA, VALIYATHURA WARD, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM. 2. VARGHESE @ RASHY, S/O.THOMAS, T.C.44/821, K.V.PURAYIDAM, VALIYATHURA, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.2890 of 2009 ------------------------------------ Dated this the 12th day of June, 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.10 and 17 in Crime No. 168/2009 of Valiyathura Police Station 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 283, 333, 326, 427 and 307 of the Indian Penal Code and Section 3(1) of the PDPP Act and Section 38 read with Section 52 of the Kerala Police Act. 3. The Public Prosecutor submitted that there are 26 identifiable accused persons in the case. The petitioners were arrested on 5/04/2009 and they are in judicial custody. The incident arose as a result of factional fight in a church. 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. 5. The petitioners shall be released on bail on their B.A. No.2890 / 2009 2 executing a bond for Rs. 50,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Thiruvananthpuram 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 scm