IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 Bail Appl..No. 5634 of 2011() ----------------------------- CRIME NO.331/2011 OF NALLALAM POLICE STATION .................... PETITIONERS/ACCUSED : ---------------------------- 1. DEEPU PRABHAKARAN, AGED 32 YEARS, S/O. PRABHAKARAN, SAROVARAM, NECHOOLIKANDY HOUSE, KAVANCHERIPARAMBA, PALAZHI, POGA COLLEGE, CALICUT-673 014. 2. SORRYODHANAN @ SOORYAN, AGED 29 YEARS, S/O. HARIDASAN, OMASSERY MEETHAL, NELLIKODE VILLAGE, KOVOOR P.O., DEVAGIRI, CALICUT-673 008. 3. LIBEESH M.T. @ KUTTAN, AGED 34 YEARS, S/O. PURUSHOTHAMAN, "SUDHI", IRINGADANPALLI, CHEVAYOOR VILLAGE, CALICUT-673 017. BY ADV. SRI.RAJESH VIJAYAN SRI.JOSWIN THAMBI KUNNATH RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, NELLALAM POLICE STATION,KOZHIKODE DISTRICT-673001. PUBLIC PROSECUTOR SRI.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5634 of 2011 --------------------------- Dated this the 15th day of July, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 3 and 2 respectively in Crime No.331 of 2011 of Nallalam Police Station. 2. The offences alleged against the petitioners are under Sections 341, 308 and 326 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 12.6.2011, the accused persons attacked the de facto complainant with dangerous weapons and caused injuries. The petitioners were arrested on 24.6.2011 and they were remanded to judicial custody. BA 5634/2011 2 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. The petitioners shall be released on bail on their executing bond for ` 25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-V, Kozhikode, 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; BA 5634/2011 3 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