IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 Bail Appl..No. 5926 of 2009 CRIME NO.320 OF 2009 OF VALLIKKUNNAM POLICE STATION PETITIONER/ACCUSED NO.1,3,4,5,6,7,8 ------------------------------------------------------- 1. SREENILAL, AGED 25 YEARS, AYIKOMATHU VEEDU, KANNEMEL MURI, VALLIKKUNNAM. 2. ABHILASH, AGED 24 YEARS, VYRAVANPARAMBIL VEEDU, CHIRAKKADAVAM MURI, KAYAMKULAM. 3. PRADEEP, AGED 32 YEARS, THUNDIL VEEDU, CHIRAKKADAVAM MURI, KAYAMKULAM. 4. SREEKUMAR, AGED 24 YEARS, THIRUVATTAKKIZHAKKATHIL KOCHUMURI, DEVAMKULANGARA, PUTHUPPALLY. 5. VINEETH, AGED 21 YEARS, PAZHAMBADISSERY THARAYIL, CHIRAKKADAVAM MURI, KAYAMKULAM. 6. BABURAJ, AGED 24 YEARS, PAZHAMBADISSERY THARAYIL, CHIRAKKADAVAM MURI, KAYAMKULAM. 7. MANOJ, AGED 25 YEARS, THUNDIL VEEDU, CHIRAKKADAVAM MURI, KAYAMKULAM. BY ADV. SRI.R.SUNIL KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY SUB INSPECTOR OF POLICE, VALLIKKUNNAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5926 OF 2009 ------------------------------------------------------ Dated this the 15th day of October, 2009 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 and 3 to 8 in Crime No.320 of 2009 of Vallikkunnam Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 452, 324, 427 and 308 of the Indian Penal Code. 3. The date of occurrence was on 27.9.2009. The petitioners were arrested on 28.9.2009 and they were remanded to judicial custody. The investigation is at the final stage. 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. B.A. NO. 5926 OF 2009 :: 2 :: 5. 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, Kayamkulam, 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/