IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Bail Appl..No. 3045 of 2009() -------------------------------------- CRIME NO.277/2009 OF THRISSUR TOWN WEST POLICE STATION .................... PETITIONERS: ---------------------- 1. P.K.PRASAD, AGED 35 YEARS, S/O. PANIKKAPPARAMBIL KUMARAN, RENYL COLONY, ERANELLOOR VILLAGE, KECHERY, THRISSUR DISTRICT. 2. MANOJ @ VINOD, AGED 29 YEARS, S/O. KURIYEDATH CHANDRAN, PERAMANGALAM VILLAGE, DESOM. 3. SANILKUMAR, AGED 35 YEARS, S/O. PONNARASSERY SUBHRAN, CHOONDAL. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENT: ------------------- THE STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, THRISSUR TOWN POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI .K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3045 of 2009 ------------------------------------ Dated this the 10th day of June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are the accused in Crime No. 277/2009 of Thrissur Town West Police Station. 2. The offences alleged against the petitioners are under Sections 308, 324 and 427 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 1/05/2009, the accused persons obstructed a private bus and pelted stones aiming at the driver of the bus. Front glass of the bus was broken and one of the passengers in the bus sustained injuries. Loss of Rs.15,000/- was assessed. 4. It is submitted by the learned Public Prosecutor that the first and second petitioners are involved in five other crimes and that if they are released on bail, there is likelihood of those persons trying to influence the witnesses. The petitioners were arrested on 6/05/2009 and they are in judicial custody. It is submitted that final report was filed in this case on B.A. No. 3045/ 2009 2 31/05/2009. 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 that the charge was laid, I am of the view that bail can be granted to the petitioners. 6. The petitioners shall be released on bail on their executing a bond for Rs. 50,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Thrissur subject to the following conditions:- A) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. B) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. C) 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