IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 Bail Appl..No. 5224 of 2011() ----------------------------- CMP.3391/2011 of J.M.F.C.-I,KOZHIKODE CRIME NO.219/2011 OF CHEVAYOOR POLICE STATION .................... PETITIONERS/ACCUSED ---------------------- 1. AKHIL.M,S/O.BHARATHAN,AGED 25 YEARS, SREEPADAM,MAKKOTTATHIL HOUSE,KARUVASSERY, KOZHIKODE. 2. JIMESH.A.A,S/O.GOPINATHAN,AGED 29 YEARS, MODAMBATH HOUSE,CHELANANUR AMSOM CHELAPRAM, KOZHIKODE. 3. AKHIL,S/O.SASIDHARAN,AGED 20 YEARS, KIZHAKKEYILPARAMBA,MOKAVOOR AMSOM,DESOM,KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT & STATE ---------------------------------- 1. S.I. OF POLICE, CHEVAYOOR POLICE STATION, KOZHIKODE 673 017. 2. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-31. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5224 of 2011 ---------------------------------------------- Dated this the 13th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused in Crime No.219 of 2011 of Chevayoor Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341 and 326 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 03/04/2011. The arrest of the petitioners was recorded on 25/05/2011, since they were already in custody in another case. The petitioners are in judicial custody. The investigation is not over. 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 offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 5. The petitioners shall be released on bail on their executing bond for `25,000/-(Rupees Twenty five thousand Bail Appln.No.5224/2011 : 2 : only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kozhikode, 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 skj