IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Bail Appl..No. 4258 of 2009() ----------------------------- CRIME NO.123/2009 OF KANNUR TOWN POLICE STATION PETITIONERS/ACCUSED NO.7 AND 10 --------------------------------------------------- 1. RAJESH K.M., S/O. SIVANANDAN, AGED 26 YEARS, SHIVA PRIYA, P.O.PALLIKKUNNU, KANNUR. 2. K.VIJIL, S/O. NARAYANAN, AGED 24 YEARS, KUNHIPURAYIL HOUSE, PAPPINISSERY, KANNUR. BY ADV. SRI.P.M.PAREETH RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY SHO, KANNUR TOWN POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4258 of 2009 --------------------------------------------- Dated this the 3rd day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.7 (Rijesh) and 10 (Vijil) in Crime No.123 of 2009 of Kannur Town Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 153A, 341, 436 and 506(ii) read with Section 149 of the Indian Penal Code. 3. The petitioners were arrested on 29.6.2009 and they are in judicial custody. Accused No.3 was granted bail by this Court as per the order dated 24th June 2009. Learned counsel for the petitioners submitted that accused Nos.1 and 2 were granted bail earlier by the learned Magistrate. 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 BA No.4258/2009 2 petitioners. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kannur, 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 csl