IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Bail Appl..No. 2995 of 2010() ----------------------------- CRMP.373/2010 of J.M.F.C.,THIRUVALLA .................... (CRIME NO.545/2010 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT) ...... PETITIONERS/ACCUSED NOS.4,5,6,7 & 8: --------------------------------------------------------------- 1. CHANDRAN, AGED 50, S/O.SHANGARAN, MUTAPALAYKKAL HOUSE, PALLIKUNNU, EZHUMATOOR. 2. SREEJITH, AGED 22, S/O. CHANDRAN, MUTAPALAYKKAL HOUSE, PALLIKUNNU,EZHUMATTOOR. 3. BALACHANDRAN, AGED 42, S/O. RGHAVAN, KILICHUNDAN MAKKAL HOUSE, KOTTANGAL. 4. SUNIL KUMAR, AGED 26, S/O SHAJI, SABARYYA MAKKAL HOUSE, PALLIKUNNU, EZHUMATTOOR. 5. BABU, AGED 32, S/O. KRISHNANKUTTY, MANGALATHU KULAM HOUSE, AAYIROOR. BY ADVS. SRI.CHERIAN GEE VARGHESE, SRI.P.HARIDAS. RESPONDENT(S): STATE AND COMPLAINANT: ---------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION. R1 & R2 BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/05/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------ B.A. No. 2995 of 2010 ------------------------------------ Dated this the 25th day of May, 2010 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 149, 294(b), 341, 323, 324 and 326 of the Indian Penal Code. According to prosecution, petitioners(Accused Nos. 4 to 8) along with other accused formed themselves into an unlawful assembly and manhandled de facto complainant's son and daughter -in- law by using weapons like iron rod and committed various offences. 3. The incident happened on 05.05.2010 and petitioners were arrested on the very next day. Petitioners are in custody for the past 20 days. The learned counsel for petitioners submitted that the overt acts against the petitioners are that they had wrongfully restrained the alleged victims and slapped the alleged victims. The offence under Section 326 of the Indian Penal Code is committed by first and second accused. 4. Learned Public Prosecutor submitted that he has no B.A. No. 2995 of 2010 2 objection in granting bail but stringent condition may be imposed. 5. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence following order is passed: Petitioners shall be released on bail on their executing bond for Rs. 50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioners shall report before the Investigating Officer on every Monday and Thursday, between 10 A.M. and 1 P.M., until further orders. ii) Petitioners shall not influence or intimidate any witnesses or tamper with the evidence. iii) Petitioners shall not enter the limits of the police station within which the alleged victims are residing, except with prior permission of the learned Magistrate. This petition is allowed. K. HEMA, JUDGE ln