IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 Bail Appl..No. 482 of 2010 CRIME NO.425 OF 2009 OF BAKAL POLICE STATION, KASARAGODE PETITIONERS: ACCUSED NO.7 TO 11: ------------------------------ 1. SHINOJ @ OJI ,S/O.APPAKUNJI,AGED 21 YEARS, RESIDING AT KURUKKANKKUNNU, HOSDURG, KASARAGODE. 2. AJITH, AGED 26 YEARS, S/O.KURUVAN PALLIKKARA II VILLAGE, HOSDURG, KASARAGOD. 3. ANILKUMAR.K.P @ PURUSHU, AGED 39 YEARS S/O.KRISHNAN, KOPPAL, UDUMA VILLAGE, KASARAGODE. 4. MAHESH, AGED 22 YEARS, S/O.BHASKARAN, NEAR AMBIKA AUDITORIUM, PALAKKUNU, KASARAGODE. 5. SREEJITH.P.N @ SREEJI, AGED 22 NEAR AMBIKA AUDITORIYM, PALLIKKARA II VILLAGE, KASARAGODE. BY ADV. SRI.S.SANAL KUMAR RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 482 OF 2010 ------------------------------------------------------ Dated this the 4th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.7 to 11 in Crime No.425 of 2009 of Bakal Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 452, 324, 308 and 427 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 29.11.2009. The petitioners were arrested on 21.1.2010 and they are in judicial custody since then. 4. The learned counsel for the petitioners submitted that accused Nos.1 to 5 were released on bail as per the order in B.A.No.7511 of 2009. 5. The learned Public Prosecutor submitted that, after B.A. NO. 482 OF 2010 :: 2 :: completing investigation, charge was laid in the case. 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 fact that charge was laid in the case, I am of the view that bail can be granted to the petitioners. 7. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties 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 ahz/