IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 Bail Appl..No. 5374 of 2009 CRIME NO.13/2008 OF PARIPPALLY POLICE STATION PETITIONERS/ACCUSED 1,2 ------------------------------------------- 1. SHERAF, S/O. SHAFI, PANDARAZHIKATHU VEETIL, KANNIMEL CHERRI, SAKTHIKULANGARA VILLAGE, KOLLAM. 2. ABDULKHADERKUNJU @ CHELLAKILI, S/O. SHAKUL HAMEED, AMEENA MANZIL, SAGARA NAGAR-9, ULIYAKOVIL CHERRI, KOLLAM EAST VILLAGE, KOLLAM. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5374 OF 2009 ------------------------------------------------------ Dated this the 23rd day of September, 2009 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 and 2 in Crime No.13 of 2008 of Parippally Police Station. 2. The offence alleged against the petitioners is under Section 379 read with Section 34 of the Indian Penal Code. 3. The petitioners were arrested on 18.6.2009 in respect of the incident which occurred on 11.1.2008. It is submitted that no charge is laid in the case. If so, the petitioners are entitled to default bail under Section 167(2) of the Code of Criminal Procedure. 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 no charge was laid in the case within the time provided under Section 167(2) of the B.A. NO. 5374 OF 2009 :: 2 :: Code of Criminal Procedure, I am of the view that bail can be granted to the petitioners. 5. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Chief Judicial Magistrate, Kollam, 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; 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/