IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 Bail Appl..No. 7249 of 2009() ------------------------------------- CRIME NO. 730/2009 OF KOTTAYAM EAST POLICE STATI0N ...................... PETITIONERS/ACCUSED : -------------------------------------- 1. SUDHARSAN @ KANNAN, AGED 42 YEARS, S/O.KASHU, SANKARANKANDATHIL HOUSE, KONANPUTHOOR DESHAM, KANCHIKODE P.O., PUTHUSSERY CENTRAL VILLAGE, PALAKKAD. 2. ANANDAN, AGED 30 YEARS, S/O.GOPALAKRISHNAN, VADAKKEKARA HOUSE, KANCHIKODU P.O., PALAKKAD. 3. MANOJ, AGED 30 YEARS, S/O.K.P.KRISHNAN, SURAYANAGAR DESHAM, KANCHIKODU P.O., PALAKKAD. 4. GOPINATH @ GOPI, S/O.ARAN, 10TH WARD, HOUSE NO.535, PUTHUSSERY PANCHAYATH, UPPAKUZHY BHAGOM, PAMPAMPALLAM P.O., PUTHUSSERY VILLAGE, PALAKKAD. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT/COMPLAINANT: ---------------------------------------------- SUB INSPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A. No. 7249 of 2009 ------------------------------ Dated this the 10th day of December, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.2 to 5 in Crime No.730/2009 of Kottayam East Police Station. 2. The offences alleged against the petitioners are under Sections 143, 120 B, 342 and 364 A read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 12/11/2009. The petitioners were arrested on 18/11/2009 and they were remanded to judicial custody. 4. It is submitted that accused Nos. 6 to 8 were granted bail by this Court as per the order passed on 8/12/2009. 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 on stringent conditions. B.A. No. 7249 /2009 2 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-I, Kottayam, 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 for a period of two months and thereafter, 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 scm