IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 Bail Appl..No. 1533 of 2010 CRIME NO.47 OF 2010 OF PAVARATTY POLICE STATION, THRISSUR PETITIONER/ACCUSED 1,2,4 TO 6 ------------------------------------------------- 1. JOSHY,S/O.OORUPARAMBIL SUBRAMANIAN, THIRUNELLOOR DESOM, MULLASSERY VILLAGE. 2. SURESH @ SURESHKUMAR, S/O.KONNACHAN VEETTIL APPUKUTTAN, THIRUNELLOOR DESOM, MULLASSERY VILLAGE. 3. VAISAKH, SON OF MOOKKOLA VEETIL VINODE, PAINKANNIYOOR DESOM, PAVARATTY VILLAGE. 4. KANNAN, S/O.THEKKEPPATT VETTIL KARAPPU, PERINGAD DESOM, PAVARATTY VILLAGE. 5. KUTTAN @ RAJESH, S/O.THOOMATT VEETTIL KESAVAN, PAINKANNIYOOR DESOM, PAVARATTY VILLAGE. BY ADV. SRI.RAJIT RESPONDENT: STATE -------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.KAMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1533 OF 2010 ------------------------------------------------------ Dated this the 31st day of March, 2010 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, 2, 4, 5 and 6 in Crime No.47 of 2010 of Pavaratty Police Station, Thrissur District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 447, 324, 506(ii), 326 and 308 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 24.1.2010, the accused persons attacked the uncle of the de facto complainant with deadly weapons and he sustained grievous hurt including three fractures. He was subjected to a surgery. The First Information Statement was given by the nephew of the victim as the victim was admitted in the Intensive Care Unit of the hospital. The motive for the attack was that the injured had reported to the police about certain illegal activities of the accused. B.A. NO. 1533 OF 2010 :: 2 :: 4. The petitioners were arrested on 4.3.2010 and they were remanded to judicial custody. 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. 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, Chavakkad, 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; B.A. NO. 1533 OF 2010 :: 3 :: 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/