IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 Bail Appl..No. 966 of 2010 CRIME NO.116 OF 2010 OF NORTH PARAVUR POLICE STATION, ERNAKULAM APPLICANTS/ACCUSED NO.5 AND 6 ------------------------------------------------- 1. JINSON JOSEPH, AGED 19 YEARS, S/O.JACOB, THAILPPARAMBIL HOUSE, THUNDATHUMKADAVU KARA, VARAPPUZHA VILLAGE, ERNAKULAM. 2. JOMON T.J., AGED 22 YEARS, S/O.JACOB, THAILPPARAMBIL HOUSE, THUNDATHUMKADAVU KARA, VARAPPUZHA VILLAGE, ERNAKULAM. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, N.PARAVUR POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 966 OF 2010 ------------------------------------------------------ Dated this the 23rd day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.5 and 6 in Crime No.116 of 2010 of North Paravur Police Station, Ernakulam District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 326, 353, 450 and 307 read with Section 149 of the Indian Penal Code. 3. It is alleged that a girl who came to Durga theatre, Varapuzha, to see the film Pazhassiraja, was teased by one Sreekumar and his friends. They were dealt with by the people of the locality. They sustained injuries and they were admitted in the hospital. It is stated that the friends of Sreekumar also came to the hospital. Some other persons on behalf of the victim girl also reached the premises of the hospital. It is alleged that the friends of Sreekumar were attacked by the accused persons and they committed the offence as aforementioned. B.A. NO. 966 OF 2010 :: 2 :: 4. The petitioners were arrested on 18.1.2010 and they were remanded to judicial custody. 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 investigation, I am of the view that bail can be granted to the petitioners. 6. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, North Paravur, 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 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; B.A. NO. 966 OF 2010 :: 3 :: 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/