IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 5775 of 2009() ----------------------------- CMP.8700/2009 of J.M.F.C.-III,NEYYATTINKARA CRIME NO.276/2008 OF KANJIRAMKULAM POLICE STATION, THIRUVANANTHAPURAM. .................... APPLICANT/ACCUSED 1 & 2 : ------------------------------------------- 1. SHINIL, S/O. ANTONY, PLAVILA VEEDU, CHANI, LOORDHPURAM, LOORDHPURAM DESOM, KANJIRAMKULAM VILLAGE. 2. SHAJINPRAKASH, S/O. ANTONY, PLAVILA VEEDU, CHANI, LOORDHPURAM, LOORDHPURAM DESOM, KANJIRAMKULAM VILLAGE. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (SUB INSPECTOR OF POLICE, KANJIRAMKULAM POLICE STATION). SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5775 of 2009 ------------------------------------ Dated this the 12th day of October, 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 and 2 in Crime No.276/2008 of Kanjiramkulam Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioners are under Sections 324, 326, 294(b) and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 20/12/2008. The petitioners were arrested on 27/9/2009. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. It is submitted that after completing the investigation, charge was laid. 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 also the fact that charge was laid in the case, I am of the view that bail can be B.A. No. 5775/ 2009 2 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-III, Neyyattinkara subject to the following conditions:- A) The petitioners shall report before the Investigating Officer between 9 A.M. and 11 A.M. on every Sunday, 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 scm