IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 Bail Appl..No. 8071 of 2011() ----------------------------- CRIME NO.1249/11 OF CHANGANACHERRY POLICE STATION .................... PETITIONERS/ACCUSED NO.1 TO 7. ---------------------------------------- 1. BHAGYARAJ, AGED 26 YEARS, S/O. SASI, HOUSE NO.24, VAZHAPPALLY COLONY, VAZHAPPALLY WEST VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. 2. SAJEEV, AGED 30 YEARS, S/O. SASI, HOUSE NO.168, VAZHAPPALLY COLONY, VAZHAPPALLY WEST VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. 3. SHIJO, AGED 22 YEARS, S/O.VISWAMBHARAN, HOUSE NO.32, VAZHAPPALLY COLONY, VAZHAPPALLY WEST VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. 4. SASI, AGED 49 YEARS, S/O. KUNJUKUTTAN, HOUSE NO.24, VAZHAPPALLY COLONY, VAZHAPPALLY WEST VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. 5. ANOOP P.A., AGED 25 YEARS, S/O.FRANCIS @ APPACHANKUTTY, PUTHUKKAKKARI HOUSE, NEAR VAZHAPPALLY COLONY, VAZHAPPALLY COLONY, VAZHAPPALLY WEST VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. 6. ANEESHKUMAR, AGED 28 YEARS, S/O.JANARDHANAN, HOUSE NO.7, VAZHAPPALLY COLONY, VAZHAPPALLY WEST VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. BA 8071/11 7. GOPU, AGED 20 YEARS, S/O.M.K. BABU, HOUSE NO.11, VAZHAPPALLY COLONY, VAZHAPPALLY WEST VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, CHANGANACHERRY POLICE STATION, REPRESENTED BY PUBLIC PROSOECUTOR, HIGH COURT OF KERALA, ERNAKULAM. STATE PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8071 of 2011 --------------------------- Dated this the 11th 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.1 to 7 in Crime No.1249 of 2011 of Changanacherry Police Station. 2. The offence alleged against the petitioners is under Section 302 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 7.8.2011, the accused persons assaulted the deceased and he succumbed to the injuries on 11.8.2011. The petitioners were arrested on 12.8.2011 and they were remanded to judicial custody. The postmortem certificate discloses that the deceased died as a result of the internal bleeding. 4. The investigation is not over. It is submitted by the BA 8071/11 2 learned counsel for the petitioners that they are prepared to abide by any condition that may be imposed by the court. 5. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 6. 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. The petitioners shall be released on bail on their executing bond for ` 50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Changanacherry, 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, till the final report is filed or until further orders; B) The petitioners shall appear before the BA 8071/11 3 investigating officer for interrogation as and when required; C) The petitioners shall not enter into the limits of Changanacherry Police Station for a period of two months or till the final report is filed whichever occurs earlier, except for complying with conditions (A) and (B) ; 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 csl