IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 Bail Appl..No. 7151 of 2011() ----------------------------- CMP.6801/2011 of J.M.F.C.,THIRUVALLA .................... PETITONERS/ACCUSED 1 & 4 -------------------------------------------- 1. BIBIN ALEX,AGED 21 YEARS,S/O.BABU, KADUVETTIYIL HOUSE,NEAR THRIKKAPALEESWARAM TEMPLE, NIRANAM. 2. MELBIN.K.RADHAKRISHNAN,AGED 19 YEARS, S/O.RADHAKRISHNAN,ACHAVELIL HOUSE,VALANJAVATTOM, KADAPRA. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, JUDGE --------------------------------------- B.A.No.7151 of 2011 ---------------------------------------- Dated this the 5th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos. 1 and 4 in Crime No. 410 of 2011 of the Pulikeezhu Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 149, 294(b), 324, 427 and 308 of the Indian Penal Code. 3. The date of occurrence was on 18.8.2011. the petitioners were arrested on 19.8.2011. 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 Rs. 25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like amount to the B.A.No.7151 of 2011 2 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 all Sundays and Wednesdays for one month and thereafter on Sundays 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 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 rkc