IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 Bail Appl..No. 2008 of 2011() ----------------------------- CMP.963/2011 of J.M.F.C., WADAKKANCHERY CRIME NO. 168/2011 of WADAKKANCHERY POLICE STATION .................... PETITIONER/ACCUSED:- 1. JOSEPH @ SHAJU, AGED 34 YEARS, S/O. PORINCHUKUTTY, CHERIVATHOOR (H), MUNDATHIKODU, PERIYAMMAKKAVU. 2. PORINCHUKUTTY, AGED 62 YEARS, S/O.PORINCHU, CHERIVATHOOR (H), MUNDATHIKODU, PERIYAMMAKKAVU. BY ADV. SRI.SOORAJ T.ELENJICKAL SRI.P.DALBI EMMANUEL RESPONDENT/STATE:- 1. STATE OF KERALA, THROUGH CIRCLE INSPECTOR OF POLICE WADAKKANCHERY, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADDL. R2 IMPLEADED 2. GRACY, AGED 45 YEARS, W/O. VARGHESE, CHERUVATHUR HOUSE, MUNDATHICODE, THRISSUR DISTRICT. (ADDL. R2 IMPLEADED AS PER ORDER DATED 18.03.2011 IN CRL. M.A NO. 1709/2011) ADV. SRI.A.V.JAMES FOR DEFACTO COMPLAINANT SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - B.A. No. 2008 of 2011 - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2011. O R D E R In this Petition filed under Section 439 Cr.P.C., the petitioners, who are accused Nos.1 and 2 in Crime No.168 of 2011 of Wadakkanchery Police Station for offences punishable under Sections 323, 324, 341, 447, 452 and 307 r/w Section 34 I.P.C., seek their enlargement on bail. The petitioners were arrested on 04.03.2011. 2. I heard the learned Public Prosecutor as well as the learned counsel for the de facto complainant. The learned counsel for the de facto complainant submitted that the disputes have since been settled between the parties who are members of the same family. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioners, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the petitioners. Accordingly, the petitioners are directed to be released on bail w.e.f 22.03.2011 on their executing a bond for `.15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions: 1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays till the filing of the final report. B.A. No. 2008/2011 : 2: 2. The petitioners shall not directly or indirectly make any inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the court or to the police. 3. The petitioners shall not establish any contact with any of the witnesses or accused in the case. 4. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 5. The petitioners shall not commit any offence while on bail. 6. The petitioners shall notify their place of residence before executing the bail bond. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge.