IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 Bail Appl..No. 244 of 2010 CRIME NO.904 OF 2009 OF CHAVARA POLICE STATION, KOLLAM PETITIONERS/ACCUSED NOS.1 ,2 3 & 5 ------------------------------------------------------ 1. RAJEEV, AGED 29 YEARS, S/O.ANANDAN, KOCHUVEETTIL COLONY, BHARANIKKAVU, CHAVARA VILLAGE, KARUNAGAPPALLY, KOLLAM. 2. PRADEEP, AGED 23 YEARS, S/O.REMANAN, KOTTAKKAKAM, LEKSHAM VEEDU COLONY, HOUSE NO.12, BHARANIKKAVU, CHAVARA VILLAGE, KARUNAGAPPALLY, KOLLAM. 3. RATHEESH @ KOCHUKUTTAN, AGED 24 YEARS, MANI BHAVAN, (KRISHNAVILASATH KIZHAKKETHARA), MENAMPAPALLY MURI, BHARANIKKAVU, CHAVARA VILLAGE, KARUNAGAPPALLY, KOLLAM. 4. RENJITH, AGED 19 YEARS, S/O.RAVI, RENJITH BHAVAN, KOCHUVEETTIL COLONY, BHARANIKKAVU, CHAVARA VILLAGE, KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.AJITH KRISHNAN RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, CHAVARA, KOLLAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN - 31. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 244 OF 2010 ------------------------------------------------------ Dated this the 18th day of January, 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.1,2,3 and 5 in Crime No.904 of 2009 of Chavara Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 326 and 307 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The prosecution case is that on 18.11.2009, the accused persons attacked the de facto complainant with a chopper and he sustained grievous injuries. It is alleged that the offence was committed by the accused on account of the fact that there was delay in serving liquor in the Bar hotel in which the de facto complainant was the waiter. Accused Nos.1, 2 and 5 were arrested on 21.12.2009 and accused No.3 was arrested on 24.12.2009. B.A. NO. 244 OF 2010 :: 2 :: 4. It is submitted that all the accused persons in the case were arrested. The investigation is also at the final stage. 5. As per the order dated 12.1.2010 in B.A.No.68 of 2010, bail was granted to accused No.4. 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 on stringent conditions. 7. 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, Karunagappally, 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, 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; B.A. NO. 244 OF 2010 :: 3 :: c) The petitioners shall not enter into the police station limits of Chavara Police Station for a period of two months 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 ahz/