IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 Bail Appl..No. 2681 of 2009() -------------------------------------- CMP.734/2009 of J.M.F.C.,KASARAGOD CRIME NO.292/2009 OF KASARAGOD POLICE STATION .................... PETITIONERS/ACCUSED NOS. 1 TO 3 --------------------------------------------------- 1. P.MANIKANDAN, AGED 35/09, S/O.LATE BALAKRISHNAN, PUTHENPURAKKAL, PADIYOTCHAL, VAYAKKARA VILLAGE. 2. SHAJIMON.P.P., AGED 31/09, S/O.P.R.PRABHAKARAN, PUTHUKATTIL HOUSE, PADIKOCHI, PADIYOTCHAL, VAYAKKARA VILLAGE. 3. K.K.PRADHEESH, AGED 28/09, S/O.PRAKASAN, KALLAKATH HOUSE, VENGAD, PADICHAL, VAYAKKARA GRAMAM. BY ADV. SRI.SUNNY MATHEW RESPONDENTS/ COMPLAINANT: ------------------------------------------------ 1. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION. 2. THE CIRCLE INSPECTOR OF POLICE, KASARAGOD POLICE STATION. (RESPONDENTS 1 AND 2 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). SRI. K.S SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.2681 of 2009 ------------------------------------ Dated this the 23rd 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.1 to 3 in Crime No.292/2009 of Kasaragod Police Station. 2. The offences alleged against the petitioners are under Sections 449, 324 and 302 read with Section 34 of the Indian Penal Code. 3. Petitioners 1 and 2 were arrested on 22/04/2009 and the 3rd petitioner was arrested on 25/04/2009. They are in judicial custody. 4. The learned counsel for the petitioners submitted that there is no justification for further detention of the petitioners and the investigation is almost over. The learned Public Prosecutor submitted that the investigation is in the final stage and even if bail is granted to the petitioners, stringent conditions may be imposed. 5. 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.2681/2009 2 petitioners on stringent conditions. 6. The petitioners shall be released on bail on their executing a bond for Rs.50,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod 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 and Thursdays, 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 enter into the limits of Kasargod Police Station except for complying with condition Nos. A and B, until further orders. 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