IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 Bail Appl..No. 5454 of 2009 CRIME NO.595 OF 2009 OF SASTHAMCOTTA POLICE STATION PETITIONERS: ACCUSED 1-3: -------------------------------- 1. BINU M., MANNATHU PADINJATTATHIL VEEDU, EDAVANASHERRY, MYNAGAPPALLY P.O., MYNAGAPALLY, KOLLAM DISTRICT. 2. SAJEENDRAN, S/O.GANGADHARAN, PUTHUVEETTIL VADAKKETHIL, NEAR UDAYA JUNCTION, EDAVANASHERRY, MYNAGAPALLY P.O., MYNAGAPALLY, KOLLAM DISTRICT. 3. SABU, CIJI BHAVANAM, EDAVANASHERRY, MYNAGAPALLY P.O., MYNAGAPALLY, KOLLAM DISTRICT. BY ADV. SRI.A.K.ALEX SRI.K.P.SURESH KUMAR RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5454 OF 2009 ------------------------------------------------------ Dated this the 25th day of September, 2009 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.595 of 2009 of Sasthamcotta Police Station. 2. The offences alleged against the petitioners are under Sections 341, 324, 326 and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 2.9.2009. The second accused was arrested on 3.9.2009. It is submitted that accused Nos. 1 and 3 were in the hospital and they were arrested on 8.9.2009. All the petitioners are in judicial custody. 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 investigation, I am of the view that bail can be granted to the petitioners. B.A. NO. 5454 OF 2009 :: 2 :: 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, Sasthamcotta, 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 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 ahz/