IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 9525 of 2011() ----------------------------- IN CRIME NO.1183/2011 OF KUNNIKKODE POLICE STATION PETITIONERS(S): ACCUSED NO.1-3 --------------------------------------------------- 1. ANILKUMAR, S/O.MADHAVAN, AKHIL BHAVAN, VADAYATTUKOTTA NAGAR, NEAR CHINNAKKADA POST OFFICE, ANDAMUKKOM, KOLLAM EAST VILLAGE. 2. SAJEEVAN, S/O.KOCHUNANUPANICKER, POOVANPAZHATHARAYIL VEEDU, KAVANADU, KANNIMEL CHERRY, SAKTHIKULANGARA VILLAGE. 3. SACHU, S/O.SATHEESAN, DEVI NILAYAM, PATTATHANAM NAGAR 16, NEAR ADIKOLLIKOVIL, PATTATHANAM CHERRI, KOLLAM VADAKKEVILA VILLAGE. BY ADVS. SRI.PRATHEESH.P SRI. SIJU KAMALASANAN RESPONDENT(S): STATE ----------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KUNNIKKODE POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.K. RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - Bail Appl. NO. 9525 OF 2011 - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of November, 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 to 3 in Crime No.1183 of 2011 of Kunnikkode Police Station. 2. The offence alleged against the petitioners is under Section 401 of the Indian Penal Code. 3. The prosecution case is that on 03/11/2011 at 00.30 hours, the petitioners were found in suspicious circumstances near a jewellery shop. The petitioners were arrested on 03/11/2011 and they were remanded to judicial custody. 4. The learned Public Prosecutor submitted that accused No. 1 is involved in four cases in which offences alleged are under sections 323 and 324 of the Indian Penal Code. The second accused is involved in 2 cases where the B.A.No.9525/2011 -2- offence alleged is under Section 394 of the Indian Penal Code in which one case ended in conviction. 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 offences 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-III, Punalur, 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 and Thursdays for a period of two months and thereafter, on all Mondays, till the final report is filed or until further orders; B.A.No.9525/2011 -3- 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. 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. ds