IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Bail Appl..No. 4946 of 2009() ----------------------------- CRIME NO.418/2009 OF CHADAYAMANGALAM POLICE STATION .................... PETITIONER : ACCUSED 4 & 5 ------------------------------ 1. PETRUSHA ,S/O.NEPOLIYAN, GLADU VILLA, RAMANKULANGARA, KAVANADU P.O.,SAKTHIKULANGARA, KOLLAM DISTRICT. 2. RENJITH JOHNSON @ RENJU S/O.JOHNSON JAWAHAR NAGER 118, NEAR S.N.COLLEGE, KOLLAM CORPORATION, PATTATHANAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,CHADAYAMANGALAM POLICE STATION THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4946 of 2009 --------------------------------------------- Dated this the 28th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.4 and 5 in Crime No.418 of 2009 of Chadayamangalam Police Station. 2. The offence alleged against the petitioners is under Section 401 of the Indian Penal Code. 3. The petitioners were arrested on 21.6.2009 and they were remanded to judicial custody. It is submitted by the learned counsel for the petitioners that bail was granted to the sixth accused by the Sessions Court, Kollam. 4. 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. BA No.4946/2009 2 The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kottarakara, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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