IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 2099 of 2010() ----------------------------- CRIME NO.248/2010 OF HOSDURG POLICE STATION PETITIONERS/ACCUSED NO. 1 TO 3 -------------------------------------------------- 1. SUNIL.C.K., AGED 22 YEARS, S/O.RAMAKRISHNAN, VALIYAVEETTIL, MANIKOTH, AJANUR VILLAGE. 2. SREEJITH.P., AGED 22 YEARS, S/O.CHIRUKANDAN, MOOLACHERY HOUSE, MANIKOTH, AJANUR VILLAGE. 3. SUDHEESH.S., AGED 23 YEARS, S/O.SUKUMARAN P.P., CHERAKKARA VALAPPU, PADIKKAL, ATHINHAL, AJANUR VILLAGE. BY ADV. SRI.MURUGAN P.V. RESPONDENT(S): COMPLAINANT -------------------------- 1. THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, KASARAGOD. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, THE HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.2099 of 2010 --------------------------------------------- Dated this the 8th day of April, 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 to 3 in Crime No.248 of 2010 of Hosdurg Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 308, 153 and 427 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 7.3.2010. The incident occurred in connection with a marriage reception. Some disputes arose regarding the manner in which food was served. It is stated that the petitioners committed the offence at that juncture. The petitioners were arrested on 9.3.2010 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. BA No.2099/2010 2 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-I, Hosdurg, 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 csl