IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 Bail Appl..No. 4353 of 2009() ----------------------------- IN CRIME NO.335/2009 OF VALAPATTANAM POLICE STATION PETITIONERS : ACCUSED 1, 2, 4, 5, 6 & 7 ------------------------------- 1. V.T.ASOKAN, S/O.KUNHIRAMAN, FARMER, VALIYA THOTTATHIL HOUSE, P.O.MULLAKODI, TALIPARAMBA, KANNUR DISTRICT. 2. P.PRASAD, S/O.GOPALAN, TODDY TAPPER, ATHINELKARI HOUSE, DO. DO. 3. K.P.PRADEEPAN, S/O.NARAYANAN, TODDY TAPPER, KUTHIRAPANTHIYIL HOUSE, DO. DO. 4. T.JAYAN, S/O.KARTHIYAYANI, MASEN, PAZHAYAKKAD HOUSE, DO. DO. 5. VINOD.M.V., S/O.NARAYANA PILLAI, WELDER, MUNDAYAN PADINHARE VEETTIL, P.O.MULLAKODI, KANNUR DISTRICT. 6. T.P.DAMODARAN ALIA T.P.BABU, S/O.RAMAN, TODDY TAPPER, METTAMMAL, DO. DO. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): COMPLAINANT -------------------------- STATE-S.H.O., VALAPATTANAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4353 of 2009 --------------------------------------------- Dated this the 7th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 2 and 4 to 7 in Crime No.335 of 2009 of Valapattanam Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 451 and 436 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that the offence was committed on 16.5.2009, the date on which the result of parliament election was declared. The seventh accused was arrested on 2.6.2009. The other accused persons surrendered before the police on 1.7.2009. All the petitioners are in 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 BA No. 4353/2009 2 investigation, I am of the view that bail can be granted to the petitioners. The petitioners shall be released on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kannur, subject to the following conditions: a) The petitioners shall appear before the investigating officer for interrogation as and when required; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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