IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 Bail Appl..No. 6446 of 2011() ----------------------------- CRIME NO.879/2011 OF THIRUVALLA POLICE STATION PATHANAMTHITTA DISTRICT PETITIONERS:ACCUSED Nos.2 and 6 ------------------------------ 1. MANU.R, MANU SADANAM, PUNNAMKUNNAM MURI, CHUMATHRA, KOTTALI KUTTAPPUZHA VILLAGE. 2. BENCHAMIN JOSE JACOB, PARAYIL HOUSE, KUMARAMPEROOR THEKKEKKARA MURI, VADASSERIKKARA VILLAGE. BY ADV. SRI.T.P.PRADEEP RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6446 of 2011 ---------------------------------------------- Dated this the 09th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 6 in Crime No.879 of 2011 of Thiruvalla Police Station, Pathanamthitta District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 332 and 333 of the Indian Penal Code and Section 4 of Kerala Public Ways (Restriction of Assembly and Procession) Act, 2011. 3. The prosecution case is that on 21/06/2011, the accused persons led a protest march in front of Pushpagiri Medical College, Thiruvalla and they attacked the police personnel causing injuries to them. The petitioners were arrested on 14/07/2011 and they were remanded to judicial custody. 4. The learned Counsel for the petitioners submitted that the first petitioner is a LL.B. Student and second petitioner is a Post Graduate student and semester Bail Appln.No.6446/2011 : 2 : examinations of the first petitioner are going on. 5. The learned Public Prosecutor submitted that he has not received instructions in the matter. I have perused the F.I. Statement and the remand report dated 14/07/2011. 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 offences and the present stage of investigation, 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 `25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thiruvalla, subject to the following conditions: A) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on every Sunday, 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; Bail Appln.No.6446/2011 : 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 skj