IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Bail Appl..No. 2881 of 2009() ---------------------------------------- CMP.2564/2009 of J.M.F.C.-II, KOLLAM CRIME NO.386/2009 OF KOTTIYAM POLICE STATION, KOLLAM .................... PETITIONERS/ACCUSED NOS. 2 TO 4: -------------------------------------------------- 1. MANIYANACHARI, S/O. PAPPU ACHARI, CHARUVILA PUTHEN VEEDU, KALLUVETTAMKUZHY, NADUVILAKKARA CHERI, THRIKKOVILVATTOM VILLAGE, KOLLAM. 2. RATHEESH, S/O. MANIYANACHARI, CHARUVILA PUTHEN VEEDU, NADUVILAKKARA CHERI, THRIKKOIVILVATTOM VILLAGE, KOLLAM. 3. RAJESH, S/O. MANIYANACHARI, CHARUVILA PUTHENVEEDU, NADUVILAKKARA CHERI, THRIKKOVILVATTOM VILLAGE, KOLLAM. BY ADV. SRI. K.SIJU RESPONDENT/ STATE: ------------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2881 of 2009 ------------------------------------ Dated this the 10th day of June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.2 to 4 in Crime No. 386/2009 of Kottiyam Police Station. 2. The offences alleged against the petitioners are under Sections 323, 116, 201 & 307 read with Section 34 of the Indian Penal Code. 3. The incident was on 15/05/2009. The first accused is the son of the second accused. It is stated that stab injuries were inflicted by the first accused. The petitioners were arrested on 17/5/2009 and they are in judicial custody. It is submitted by the learned counsel for the petitioners that all male members of the family are in the jail now. The investigation of the case is almost completed. 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 B.A. No. 288/ 2009 2 petitioners. 5. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Kollam 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 scm