IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 Bail Appl..No. 7096 of 2011() ----------------------------- CRIME NO.25/2011 OF KASARAGOD POLICE STATION PETITIONERS: ACCUSED 5 AND 7 ----------------------------------- 1. G.JYOTHISH @ JYOTHISH KUMAR, S/O.GOPALAN, J.C.NAGAR HOUSE, ANANGOOR, KASABA VILLAGE, KASARAGOD. 2. KISHOR @ K.G.KISHOR KUMAR, S/O.K.G.MADHAVAN, AYYAPPA NAGAR HOUSE, KUDLU VILLAGE, KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, KASARAGOD POLICE STATION-671121. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7096 of 2011 ---------------------------------------------- Dated this the 22nd day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.5 and 7 in Crime No.25 of 2011 of Kasaragod Police Station. 2. The offences alleged against the petitioners are under Sections 324, 302, 153-A, 201 and 120-B read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 09/01/2011, while the deceased was travelling on a bike with a pillion rider, the accused persons attacked them with iron pipes and knife. The deceased succumbed to injuries. The pillion rider sustained injuries. The petitioner surrendered before court on 11/05/2011, after the charge sheet was filed on 10/04/2011. He was remanded to judicial custody. 4. The petitioners filed Bail Application No.5501 of 2011 which was dismissed by the order dated 13th July, 2011. Thereafter, the petitioners filed Bail Application No.6037 of 2011 which was dismissed by the order dated 10th August, 2011. Bail Appln.No.7096/2011 : 2 : 5. The learned Public Prosecutor submitted that accused No.5 is involved in two other cases and in one of those cases the offence alleged is under Section 302 of I.P.C. The learned Public Prosecutor also submitted that accused No.7 is also involved in another case involving Section 302 of I.P.C. 6. The petitioners are in judicial custody since 11/05/2011. It is submitted that the case is now pending as Sessions Case No.235 of 2011 on the file of the court of the Additional Sessions Judge (Ad hoc-III), Kasaragod, 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offences and that the charge was laid, I am of the view that bail can be granted to the petitioners on very stringent conditions. 8. The petitioners shall be released on bail on their executing bond for `50,000/- (Rupees Fifty thousand only) each with two solvent sureties for the like amount to the satisfaction of the Additional Sessions Judge (Ad hoc-III), Kasaragod, subject to the following conditions: A) The petitioners shall surrender their Passport before the Court of the Additional Sessions Judge (Ad hoc-III), Kasaragod. If the petitioners do not Bail Appln.No.7096/2011 : 3 : have Passport, an affidavit sworn to by them to that effect shall be filed before the learned Judge. B) The petitioners shall appear before the officer who laid the charge sheet on alternate Mondays until further orders. C) The petitioners shall appear before the court on all posting dates except under circumstances beyond their control. D) The petitioners shall not enter into the limits of Kasaragod District for a period of three months except for complying with conditions 'A', 'B' and 'C'. E) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. F) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. G) 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. Sd/- K.T.SANKARAN, JUDGE skj True copy P.A. to Judge