IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 Bail Appl..No. 1192 of 2010() --------------------------------- Cr. NO. 46/2010 OF KATTOOR POLICE STATION .................... PETITIONERS/ACCUSED : ----------------------------- 1. VIPIN @ BIBIN, AGED 21 YEARS, S/O. THEPPULATH BALAN, POTHANI, EDATHIRINJI. 2. SAJEESH @ SAJA, AGED 24 YEARS, S/O.KIZHAKKEVALAPPIL BALAN, POTHANI, EDATHIRINJI. 3. VINEESH @ GOKIL, AGED 22 YEARS, S/O. THANDASSERY VISWANATHAN, POTHANI, EDATHIRINJI. BY ADV. SRI.K.A.JALEEL RESPONDENT: --------------- STATE OF KERALA (REP. BY THE SUB INSPECTOR OF POLICE) KATTOOR POLICE STATION-CR.46 OF 2010 OF KATTOOR POLICE STATION) REPRESENTED BY THE STATE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1192 of 2010 ------------------------------------ Dated this the 09th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 3 in Cr. No.46/2010 of Kattoor Police Station. 2. The offences alleged against the petitioners are under Sections 341, 324 and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 31.01.2010. The petitioners were arrested on 02.02.2010. 4. Four accused persons are involved in the case. They moved an application for bail before the Sessions Court, Thrissur. As per the order dated 15.02.2010, the learned Sessions Judge granted bail to accused No.4 and denied bail to accused Nos. 1 to 3. The learned Sessions Judge noticed that the petitioners herein are involved in several other crimes and if they are released on bail, they would indulge in other offences. B.A. No. 1192 of 2010 2 5. Investigation has progressed after the order dated 15.02.2010 passed by the learned Sessions Judge. 6. The learned counsel for the petitioners submitted that the petitioners undertake not to involve in any offence if they are released on bail in the present case. This undertaking is recorded. It is also submitted that the petitioners agree that the bail may be cancelled if any other crime is registered against them, while on bail in this case. 7. 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 also the undertaking, I am of the view that bail can be granted to the petitioners. 8. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Irinjalakuda 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 two months and thereafter on Mondays, till the final report is filed or until further orders. B.A. No. 1192 of 2010 3 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 ln