IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 Bail Appl..No. 7438 of 2010() ----------------------------- (CRIME NO.1164 OF 2010 OF NEYYATTINKARA POLICE STATION PETITIONERS:ACCUSED 1 & 2 ------------------------------ 1. SATHEESH, AGED 19 YEARS, S/O.GANGADHARAN, PAZHAYA VEEDU, CLANGAMURY JUNCTION KADAVATHARAM DESOM,NEYYATTINKARA, 2. ANIL KUMAR, AGED 19 YEARS, S/O.MOHANAN, THONYPLAVILA VEEDU, VLANGAMURY, KADAVATAARAM, NEYYATTINKARA' BY ADV. SRI.NOBLE MATHEW RESPONDENT:COMPLAINANT --------------- STATE OF KERALA (CRIME NO.1164/2010 OF NEYYATTINKARA POLICE STATION)REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKUALM PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.7438 of 2010 ------------------------------------------------ Dated this the 23rd day of November, 2010 ORDER In this Petition filed under Section 439 Cr.P.C., the petitioners, who are accused Nos.1 & 2 in Crime No.1164 of 2010 of Neyyattinkara Police Station for offences punishable under Sections 341, 294(b), 323, 324, 326, 307 & 302 read with Section 34 I.P.C., seek their enlargement on bail. The petitioners were arrested on 31/08/2010. 2. The learned Public Prosecutor opposed the application contending inter alia that the petitioners who are close associates of one Sanal Kumar who is a notorious goonda had assaulted the deceased with bricks, iron rod, etc consequent on his raising a protest against the demand of Dada Fees by Sanal Kumar. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioners, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to Bail Appln.No.7438/2010 : 2 : the petitioners but only from a future date. Accordingly, the petitioners are directed to be released on bail with effect from 27/11/2010 on each of them executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- 1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioners shall make themselves available for interrogation as and when required by the police at any time till the filing of the final report. 3. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. The petitioners shall not commit any offence while on bail. Bail Appln.No.7438/2010 : 3 : If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE skj