IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 Bail Appl..No. 7114 of 2011 CRIME NO.673 OF 2011 OF VANCHIYOOR POLICE STATION PETITIONERS/ACCUSED 1 TO 5 1. ANISH @ SHIBU,S/O.JAYAKUMAR, MELE KALANJATTU VEEDU,THALAYAL DESOM,IV WARD, ADIYANALLOOR VILLAGE,BALARAMAPURAM. 2. SHIJUKUMAR, S/O.THANKAPPAN, SHIBU BHAVAN,PALARAVILAKOM,VANDITHADAM, KUNNATHUKAL VILLAGE,NEYYATTINKARA. 3. SATHEESH @ DILEEP, S/O.CHELLAPPAN, MELE PUTHEN VEEDU, VANDITHADAM WARD, KUNNATHUKAL,NEYYATTINKARA. 4. PRAVEEN,S/O. RAJAN, PADIKKAL PUTHEN VEEDU, VANDITHADAM,KUNNATHUKAL,NEYYATTINKARA. 5. SAJIKUMAR, S/O.KRISHNAN KUTTY NAIR, SANDHYA BHAVAN,NETTAYATHUKONAM, VANDITHADAM WARD,KUNNATHUKAL,NEYYATTINKARA. BY ADV. SRI.R.GOPAN RESPONDENTS: STATE & DEFACTO COMPLAINANTS: 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. RAJESH,S/O.RAJU, CHARUPUSHPAM HOUSE, THARUNAM LANE,EVRA 488A, ESWARA VILASOM ROAD, JAGATHI WARD, THAIKKADU VILLAGE 695 001. 3. SUMA RAJESH, D/O.JOLLY,CHARUPUSHPAM HOUSE, THARUNAM LANE,EVRA 488A,ESWARA VILASOM ROAD, JAGATHI WARD, THAIKKADU VILLAGE 695 001. ADV. SRI.K.K.DHEERENDRAKRISHNAN FOR R2 & 3 PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7114 OF 2011 ------------------------------------------------------ Dated this the 5th day of September, 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 5 in Crime No.673 of 2011 of Vanchiyoor Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 341, 294(b), 354 and 308 of the Indian Penal Code. 3. The date of occurrence was on 13.8.2011. The petitioners were arrested on 14.8.2011 and they are in judicial custody. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 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 BAIL APPL. NO.7114 OF 2011 :: 2 :: investigation, I am of the view that bail can be granted to the petitioners. 6. The petitioners shall be released on bail on their executing bond for Rupees Twenty five thousand each with two solvent sureties for the like amount to the satisfaction of the Additional Chief Judicial Magistrate, Thiruvananthapuram, 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; 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/