IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 Bail Appl..No. 7692 of 2009 CRIME NO.151 OF 2009 OF VEEYAPURAM POLICE STATION, ALAPPUZHA PETITIONERS/ACCUSED NO.1 TO 3 ------------------------------------------------- 1. GOPALAKRISHNAN, S/O.KANDANKALI, PANAMOOTTIL VEEDU, WARD NO.1, VEEYAPURAM PANCHAYAT, VEEYAPURAM MURI, VEEYAPURAM VILLAGE. 2. JANARDANAN, S/O.THEVAN, PANAMOOTTIL VEEDU, WARD NO.1, VEEYAPURAM PANCHAYAT, VEEYAPURAM MURI, VEEYAPURAM VILLAGE. 3. AJAYAN @ MANOJ, S/O.PONNAPPAN, ATTUMALIL VEEDU, WARD NO.1, VEEYAPURAM PANCHAYAT, VEEYAPURAM MURI, VEEYAPURAM VILLAGE. BY ADV. SRI.SHIRAZ ABDULLA SRI.JOJO PAPPACHAN RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7692 OF 2009 ------------------------------------------------------ Dated this the 5th day of January, 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.1 to 3 in Crime No.151 of 2009 of Veeyapuram Police Station, Alappuzha District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 427, 506(ii), 450 and 307 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 28.11.2009. The petitioners were arrested on 29.11.2009. It is submitted that there is a counter case also. The learned Public Prosecutor submitted that if the petitioners are allowed to enter into the limits of Veeyapuram Police Station, there is a likelihood of the breach of peace in the locality. 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 B.A. NO. 7692 OF 2009 :: 2 :: investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. 5. 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 – 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 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 enter into the limits of Veeyapuram Police Station for a period of one month except for complying with conditions (a) and (b); d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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/