IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 Bail Appl..No. 4598 of 2009() ----------------------------- CRIME NO.524/2009 OF CHADAYAMANGALAM POLICE STATION, KOLLAM .................... PETITIONERS/ACCUSED NOS.1,3,4,6,8 AND 10 TO 15 ------------------------------------------------------------------ 1. SUNIL KUMAR,(SUNI),S/O.VASUDEVAN ACHARI, CHARUVILA PUTHEN VEEDU,PERINGALLOOR, OZHUKUPARAKKAL MURI,EDAMULAKKAL VILLAGE. 2. VIJAYAKUMAR,S/O.SASIDHARAN ASARI, VADAKEKKARA PUTHEN VEEDU,OZHUKUPARAKKAL, PERUNGALLOOR MURI,EDAMULAKKAL VILLAGE (A3). 3. VINOD,S/O.SIVASANKARAN ACHARI, VINOD BHAVAN,ERUNGALLOOR MURI, EDAMULAKKAL VILLAGE (A4). 4. AJITH,S/O.SURENDRAN, AJI BHAVAN,KINNATTUM MUKKU, OZHUKKUPARAKKAL MURI, EDAMULAKKAL VILLAGE (A6). 5. AJI,S/O.MANIYAN ACHARI, KALLUVILA VEEDU,KIZHAKKARA,VAYAKKAL MURI, EDAMULAKKAL VILLAGE (A8). 6. SOMAN,S/O.SANKARAN, SUNITHAVILASAM,OZHUKUPARAKKAL,PERINGALLOOR MURI, EDAMULAKKAL VILLAGE (A10). 7. RAJESH,S/O.GOPINATHA PILLAI, KIZHAKKEKARA PUTHEN VEEDU,VAYAKKAL MURI, EDAMULAKKAL VILLAGE (A11). 8. VINOD,S/O.MURUKAN ACHARI, KALLUVILA VEEDU,KIZHAKKEKARA,VAYAKKAL MURI, EDAMULAKKAL VILLAGE (A12). 9. SUNI (PUNCHIRI),S/O.MOHAN, CHARUVILA PUTHEN VEEDU,KINNATTUMMUKKU, OZHUKUPARAKKAL MURI,EDAMULAKKAL VILLAGE (A13). BA 4598/09 10. RATHEESHKUMAR,S/O.NATARAJAN ACHARI, CHARUVILA PUTHEN VEEDU,KIZHAKKEKARA, OZHUKUPARAKKAL MURI,EDAMULAKKAL VILLAGE (A14). 11. ANEESHKUMAR,S/O.THANKAPPAN ACHARI, KALLUVILA PUTHEN VEEDU,KIZHAKKEKARA, VAYAKKAL MURI,EDAMULAKKAL VILLAGE (A15). BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION,THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.RAVEENDRA BABU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4598 OF 2009 ------------------------------------------------------ Dated this the 18th August, 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, 3, 4, 6, 8 and 10 to 15 in Crime No.524 of 2009 of Chadayamangalam Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 294(b), 452 and 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 3.8.2009. The petitioners were arrested on 4.8.2009 and they are in judicial custody. 4. The Bail Application is vehemently opposed by the learned Public Prosecutor. It is submitted that if the petitioners are released on bail, there is likelihood of the breach of peace in the locality. It is also likely that the relatives of the injured may take revenge and B.A. NO. 4598 OF 2009 :: 2 :: attack the petitioners and the other people in the locality which may also create communal tension. 5. Learned counsel for the petitioners submitted that if the petitioners are released on bail, they are prepared to comply with any condition that may be imposed. 6. 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 on stringent conditions. 7. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II Kottarakkara, 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.A. NO. 4598 OF 2009 :: 3 :: 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 Chadayamangalam Police Station except for complying with conditions (a) and (b), for a period of one month; d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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/