IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 Bail Appl..No. 8168 of 2011() ----------------------------- CMP.5794/2011 of J.M.F.C.-I, MAVELIKKARA CRIME NO.304/2011 OF KURATHIKADU POLICE STATION .................... PETITIONERS/ACCUSED-A4 & A5 : -------------------------- 1. SHANAVAS, AGED 37 YEARS, S/O. MOHAMMED KUNJU, PALLI THAZHATHETHIL, CHERUVALLOOR MURI, CHERIYANADU, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. 2. NAVAS, S/O. ABOOBEKKAR, VALYA KIZHAKETHIL, CHERUVALLOOR MURI, CHERIYANADU, CHERIYANADU, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. STATE PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8168 of 2011 ---------------------------------------------- Dated this the 11th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.4 and 5 in Crime No.304 of 2011 of Kurathikadu Police Station, Alappuzha District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 120-B and 308 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The date of occurrence was on 21/09/2011. The petitioners were arrested on 23/09/2011. 4. Heard the learned counsel for the petitioners and the learned State Prosecutor. 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 offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners. Bail Appln.No.8168/2011 : 2 : 6. The petitioners shall be released on bail on their executing bond for `25,000/-(Rupees Twenty five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Mavelikkara, 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