IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 Bail Appl..No. 6478 of 2010() ----------------------------------------- (CRIME NO.527/2010 OF SREEKARYAM POLICE STATION,TRIVANDRUM) ....... PETITIONERS/ACCUSED: --------------------------------------- 1. BINU, S/O. MOHANAN, KARUNYA BHAVAN, ALATHARA, AMBADI NAGAR, PONGUMOODU WARD, CHERUVAIKKAL VILLAGE. 2. MOHANAN, S/O. CHELLAPPAN NADAR, KARUNYA BHAVAN, ALATHARA, AMPADI NAGAR, PONGUMMOODU WARD, CHERUVAIKKAL VILLAGE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT & STATE: ------------------------------------------------------------------ 1. CIRCLE INSPECTOR OF POLICE, SREEKARYAM POLICE STATION, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application NO.6478 of 2010 - - - - - - - - - - - - - - - - DATED: 18-10-2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are accused 1 and 2 in Crime No. 527 of 2010 of Sreekaryam Police Station, Thiruvananthapuram, for offences punishable under Sections 115, 449 and 302 read with Sec. 34 I.P.C. seek their enlargement on bail. They were arrested on 13-09-2010 and 9- 09-2010 respectively. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioners, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the 2nd petitioner with effect from a future date. In the case of the first petitioner, his request for bail is rejected. Accordingly, the 2nd petitioner is directed to be released on bail with effect from 22- 10-2010 on his executing a bond for Rs. 25,000/- (Rupees twenty B.A. No. 6478 of 2010 -:2:- five thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M.I, Thiruvananthapuram, and subject to the following conditions: 1. The 2nd petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The 2nd petitioner shall make himself available for interrogation as and when required by the police till the filing of the final report. 3. The 2nd petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The 2nd petitioner shall not commit any offence while on bail. If the 2nd petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. Dated this the 18th day of October, 2010. V.RAMKUMAR, JUDGE. ani. B.A. No. 6478 of 2010 -:3:-