IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 Bail Appl..No. 3574 of 2009 CRIME NO.419 OF 2009 OF KUNNATHUNADU POLICE STATION PETITIONERS/ACCUSED 1 TO A3 ---------------------------------------- 1. SHIBU JOSEPH, AGED 34, S/O.JOSEPH, MUTTOMTHOTTIL HOUSE, NEAR PAZHANGANADU CHAPPEL, KIZHAKKAMBALAM. 2. BIJU ANTONY, AGED 29, S/O.ANTONY, THONDIYIL VEEDU, NEAR PAZHANGANADU CHAPPEL, KIZHAKKAMBALAM. 3. ANIL K.JOSEPH, AGED 27, S/O.JACOB, KOYIKKARA HOUSE, NEAR PAZHANGANADU CHAPPEL, KIZHAKKAMBALAM. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE C.I OF POLICE, KUNNATHUNADU POLICE STATION (CRIME NO.419/09), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3574 OF 2009 ------------------------------------------------------ Dated this the 7th July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.419 of 2009 of Kunnathunadu Police Station. 2. The offences alleged against the petitioners are under Section 307 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. 3. The date of occurrence was on 15.6.2009. Accused Nos.1 and 3 were arrested on 15.6.2009 itself. The second accused surrendered before Court on 23.6.2009. 4. I have perused the case diary. The investigation is almost over. 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 petitioners. B.A. NO. 3574 OF 2009 :: 2 :: 5. 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, Kolencherry, 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 ahz/