IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Bail Appl..No. 7101 of 2011 CRIME NO.602 OF 2011 OF PATHANAMTHITTA POLICE STATION PETITIONERS : ACCUSED 2,3 ------------------------------- 1. DAVID N.MATHEW @ ROSHAN, S/O.THOMAS, NADUVATHUVEEDU, EDATHRA MUKKU, VADASSERIKARA VILLAGE. 2. ARUN, S/O.JAYAPRAKASH, POTTAN MALAYIL VEEDU, KANAMUKKU, NARAGANAM VILLAGE. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7101 OF 2011 ------------------------------------------------------ Dated this the 10th 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.2 and 3 in Crime No.602 of 2011 of Pathanamthitta Police Station. 2. The offences alleged against the accused are under Sections 120B, 143, 144, 148, 149, 323, 326, 394 and 307 of the Indian Penal Code. 3. The prosecution case is the following: The victim attacked accused Nos.2 and 3, who were students in a college. Accused Nos.2 and 3 approached accused No.1 to take necessary measures and to take revenge against the victim. Accused No.1 engaged accused Nos.5 and 6, who were members of a quotation gang. On 4.8.2011, in furtherance of a conspiracy among all the accused, accused Nos.1, 5 and 6 and certain others attacked the victim, who sustained very serious injuries. It is also alleged that accused No.1 BAIL APPL. NO.7101 OF 2011 :: 2 :: took away `7,500/- and a gold chain weighing 20 gms. from the victim. 4. The petitioners were arrested on 11.8.2011 and they were remanded to judicial custody. 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 on stringent conditions. 6. The petitioners shall be released on bail on their executing bond for Rupees Fifty thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Pathanamthitta, subject to the following conditions: a) The petitioners shall surrender their Passports before the Court of the Judicial Magistrate of the First Class I, Pathanamthitta. If the petitioners do not have any Passport, an affidavit sworn to by them to that effect shall be filed before the learned Magistrate; BAIL APPL. NO.7101 OF 2011 :: 3 :: b) 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. Even after the charge sheet is filed, the petitioners shall report before the police officer who laid charge on alternate Mondays till the trial is over of until further orders; c) The petitioners shall appear before the investigating officer for interrogation as and when required; 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/