IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 9368 of 2011 CRIME NO.196 OF 2011 OF NADAKKAVU POLICE STATION, KOZHIKODE. PETITIONERS/ACCUSED NOS.2 AND 3 --------------------------------------------------- 1. KANNAN @ JITHIN, S/O.JAYARAJAN, CHALIYEDATH HOUSE, PUTHIYARA P.O., KOZHIKODE DISTRICT. 2. MANI @ SHAHIL NATH, S/O.GOPINATH, THIRUTHIYAD P.O., PUTHIYARA P.O., KOZHIKODE -4. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9368 OF 2011 ------------------------------------------------------ Dated this the 18th day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.2 and 3 in Crime No.196 of 2011 of Nadakkavu Police Station, Kozhikode District. 2. The offences alleged against the accused are under Sections 143, 147, 452, 341, 323 and 326 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 19.3.2011. The petitioners were arrested on 25.10.2011. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the case diary. 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 BAIL APPL. NO.9368 OF 2011 :: 2 :: investigation, I am of the view that bail can be granted to the petitioners, however, only with effect from 25.11.2011. 6. The petitioners shall be released on bail only on 25.11.2011 on their executing bond for Rupees Twenty five thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class IV, Kozhikode, 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 one month 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 ahz/