IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Bail Appl..No. 9590 of 2011() ----------------------------- CRIME NO.1102/2011 OF ANCHAL POLICE STATION, KOLLAM PETITIONRS/ACCUSED NOS.1 TO 3 : ---------------------------------------- 1. ABDUL RAHIM, AGED 45 YEARS, S/O. ASANARUKUNJU, SHEEBA MANZIL, NEAR ANCHAL MARKET, ANCHAL VILLAGE 2. SALIM, AGED 36 YEARS, S/O.ASANARUKUNJU, MARHABA MANZIL, PADINJATTINKARA, EDAMULAKKAL VILLAGE. 3. ABDUL ASEES @ ASSI, AGED 51 YEARS, S/O. ASANARUKUNJU, SHEEBA MANZIL, NEAR MARKET JUNCION, ANCHAL VILLAGE. BY ADV. SRI. K.SIJU RESPONDENT(S): STATE -------------------- SATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, ANCHAL POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM PUBLIC PROSECUTOR SRI.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9590 of 2011 --------------------------- Dated this the 7th day of December, 2011 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 to 3 in Crime No.1102 of 2011 of Anchal Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 415, 294(b), 326, 308 and 109 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following : The third accused had abused the de facto complainant near the vegetable shop of the de facto complainant. The police took accused No.3 into custody. On account of this enmity, on the instigation of accused No.3, accused Nos.1 and 2 trespassed into the vegetable shop of the de facto complainant and attacked him with knife causing a fracture on his left wrist and BA 9590/11 2 a deep injury on the right wrist. The petitioners are brothers. They were arrested on 9.11.2011 and they were remanded to judicial custody. 4. 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 with effect from 20.12.2011. The petitioners shall be released on bail only on 20.12.2011 on their executing bond for ` 25,000/- (Rupees Twenty Five Thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Punalur, 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, 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; BA 9590/11 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 csl