IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 Bail Appl..No. 146 of 2010() ---------------------------- CRIME NO.856 OF 2009 OF MUNNAR POLICE STATION PETITIONER/ACCUSED NOS.2 & 3 ------------------------------------------------ 1. SHYJU, S/O.JOSE, PUTHANPURACKAL HOUSE, MUNIYARA KARA, KONNATHADI VILLAGE. 2. BIJU GEORGE, S/O. GEORGE, VALAVUCHIRACAL HOUSE, VIRIPARA KARA, MANKULAM VILLAGE. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, MUNNAR, REPRESENTED BY PUBLIC PROSECTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 146 OF 2010 ------------------------------------------------------ Dated this the 13th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.2 and 3 in Crime No.856 of 2009 of Munnar Police Station. 2. The offences alleged against the petitioners are under Sections 294(b), 323 and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 25.12.2009. The petitioners were arrested on 27.12.2009 and they are in judicial custody since then. 4. It is submitted that in respect of the incident which happened on the date of occurrence in the present case, Crime No.857 of 2009 was also registered against the de facto complainant and others, in which, the offence under Section 308 is also involved. 5. Taking into account the facts and circumstances of the B.A. NO. 146 OF 2010 :: 2 :: 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 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, Devikulam, 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/