IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 Bail Appl..No. 7242 of 2009(H) -------------------------------------- CMP.4902/2009 of J.M.F.C.,KASARAGOD CRIME NO. 342/2009 OF KUMBALA POLICE STATION .................... PETITIONERS/ACCUSED NOS.1 TO 3. ----------------------------------------------------- 1. MITHUN KUMAR, AGED 19 YEARS, S/O.LATE DIVAKARA ACHARI, BETTIGADDE HOUSE, PRATHAP NAGAR, MANGALPADI GRAMAM, KASARAGOD DISTRICT. 2. ASHOK.A, AGED 23 YEARS, S/O.APPU VELICHAPPADU, AGARTHIMOOLA, BEKKOOR P.O., BEKKOOR GRAMAM, KASARAGOD DISTRICT. 3. BALAKRISHNA SHETTY, AGED 28 YEARS, S/O.SEETHARAMA SHETTY, SANTHIGURI HOUSE, BEKKOOR, MANGALPADI GRAMAM, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENTS/COMPLAINANT & STATE : ----------------------------------------------------------- 1. STATE - REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO.342/2009 OF KUMBALA POLICE STATION) KASARAGOD DISTRICT. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7242 of 2009 ------------------------------------ Dated this the 9th day of December, 2009 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 Crime No.342/2009 of Kumbala Police Station. 2. The offences alleged against the petitioners are under Sections 120-B, 341, 324 and 307 of the Indian Penal Code. 3. The date of occurrence was on 23.11.2009. The petitioners were arrested on 25.11.2009. 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 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 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-I, Kasaragod subject to the following conditions:- B.A. No. 7242 of 2009 2 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 enter into the limits of Kumbala Police Station for a period of one month except for complying with conditions A and B. D) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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