IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Bail Appl..No. 8291 of 2011() ----------------------------- CRIME NO.949/2011 IF KILIKOLLOOR POLICE STATION, KOLLAM PETITIONERS/ACCUSED NOS.5 & 6: ------------------------------------------ 1. NIBIN ANTONY, AGED 23 YEARS, S/O.LAWRENCE, REENA COTTAGE, HOUSE NO.68, UPASANA NAGAR, CONTONMENT NORTH, KOLLAM DISTRICT. 2. PRAMOD, AGED 26 YEARS, S/O.PRAKASAN, MECON KALILIL VEEDU, KOTTAMKARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KILIKOLLOOR POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.DHANESH MATHEW THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8291 of 2011 --------------------------- Dated this the 13th day of October, 2011 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.5 and 6 in Crime No.949 of 2011 of Kilikolloor Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 294(b), 324, 307 and 120B read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. 3. The prosecution case is the following : Some students of TKM Engineering College had a quarrel with the employees of a private bus on account of the dispute relating to granting of concession of bus fare to the students. It is alleged that the employees of the bus manhandled the students. The students detained the bus. On account of that enmity, it is alleged that on 7.9.2011, the accused persons came on motor bikes and attacked the BA 8291/11 2 de facto complainant and his friends with deadly weapons and attempted to kill them. 4. The petitioners were arrested on 9.9.2011 and they were remanded to judicial custody. 5. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the order dated 1.10.2011 passed by the learned Sessions Judge, Kollam, in the Bail Application filed by the petitioners. 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 with effect from 24.10.2011. The petitioners shall be released on bail only on 24.10.2011 on their executing bond for ` 25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial BA 8291/11 3 Magistrate of the First Class-I, Kollam, 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 for a period of two months and thereafter 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