IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 Bail Appl..No. 5747 of 2011() ----------------------------- CMP.3087/2011 of J.M.F.C.-I, HARIPAD CRIME NO.496 OF 2011 OF HARIPAD POLICE STATION .................... PETITIONER/ACCUSED NOS.1 TO 3 & 5 & 6 --------------------------------------------------------- 1. JANEESH, AGED 28 YEARS, S/O.JANARDANAN, PATTERIPARAMBIL VEETTIL, KARUVATTA VILLAGE, ALAPPUZHA. 2. SAJESH, AGED 28 YEARS, S/O.KUTTAPPAN, SANTHOSH BHAVAN, KARUVATTA VILLAGE, ALAPPUZHA. 3. PRADEEP, AGED 32 YEARS, S/O.CHELLAPPAN, ASARI PARAMBIL VEETTIL, KARUVATTA VILLAGE, ALAPPUZHA. 4. SAJITH KUMAR @ SANU, AGED 22 YEARS, S/O.SADANANDAN, PLANTHARA VEETTIL, KARUVATTA VILLAGE, ALAPPUZHA. 5. DILEEP, AGED 30 YEARS, S/O.JANARDANAN, PATTERIPARAMBIL VEETTIL, KARUVATTA VILLAGE, ALAPPUZHA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.5747 OF 2011 --------------------------------- Dated this the 21st day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused Nos.1 to 3, 5 and 6 in Crime No. 496 of 2011 of the Haripad Police Station. 2.The offences alleged against the petitioners are under Sections 294(b), 323, 324, 308 and 436 read with 34 of the Indian Penal Code. 3.The date of occurrence was on 2.7.2011 at 8 P.M. The first accused was arrested on 4.7.2011 and the other accused were arrested on 5.7.2011 and they were remanded to judicial custody. It is submitted that in respect of another incident which took place on the same day, Crime No.497 of 2011 was registered in which the defacto complainant in the present case is the 1st accused. B.A.No.5747 OF 2011 2 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5.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. 6.The petitioners shall be released on bail on their executing bond for `25,000/-(Rupees Twenty five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Haripad, subject to the following conditions: A) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M on the 1st Monday of every month, 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; B.A.No.5747 OF 2011 3 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 cms