IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Bail Appl..No. 4647 of 2009() ------------------------------------- CRIME NO. 152/2009 OF KUTHUPARAMBA POLICE STATION .................... PETITIONER/ACCUSED 1 TO 3: ---------------------------------------------- 1. LIJESH, S/O. RAGHAVAN, AGED 27 YEARS, KUNHI PARAMBATH, KANDAMKUNNU AMSOM, KAITHERI. 2. RIJU @ REJIL C.K., S/O. RAJAN, AGED 23 YEARS, KIZHAKKETHARAL HOUSE, KANDAMKUNNU AMSOM, KAITHERI. 3. ANIL @ ANIKUTTAN, S/O.ANTONY MESTRI, AGED 32 YEARS, COOLIE, KOCHUVEETIL HOUSE, KANDAMKUNNU AMSOM, KAITHERI. BY ADV. SRI. C.P. PEETHAMBARAN RESPONDENT(S): RESPONDENT/COMPLAINANT. -------------------------------------- THE STATION HOUSE OFFICER, KUTUPARAMBA POLICE STATION, KANNUR THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4647 of 2009 ------------------------------------ Dated this the 20th day of August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos. 1 to 3 in Crime No.152/2009 of Kuthuparamba Police Station. 2. The offences alleged against the petitioners are under Sections 341, 326, and 307 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 27.05.2009. The petitioners were arrested on 08.06.2009. It is submitted by the learned Public Prosecutor that charge sheet was filed in the case on 13.08.2009. 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 fact that the charge sheet was filed in the case, I am of the view that bail can be granted to the petitioners. 5. The petitioners shall be released on bail on their executing B.A. No. 4647 of 2009 2 a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kuthuparamba subject to the following conditions:- A) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. B) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. C) 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 ln