IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 9364 of 2011() ----------------------------- CRMP.3502/2011 of J.M.F.C.,CHANGANACHERRY CRIME NO.1803/2011 OF CHANGANASSERY POLICE STATION .................... PETITIONERS/ACCUSED : ----------------------- 1. MARTIN, S/O.MATHEW, NAMPISSERIKKULAM VEEDU, NEAR BSNL OFFICE, VATTAPPALLY, VAZHAPPALLY EAST VILLAGE, CHANGANASSERY. 2. MANOJ @ MANJU, S/O.MATHEW, NAMPISSERIKKULAM VEEDU, NEAR BSNL OFFICE, VATTAPPALLY, VAZHAPPALLY EAST VILLAGE, CHANGANASSERY. 3. MICHLE GARVASIS @ CIJO, S/O.GARVASIS, KARUKAYIL VEEDU, NEAR VEGETABLE MARKET, VATTAPPALLY, VAZHAPPALLY EAST VILLAGE, CHANGANASSERY. 4. MANU SEBASTIAN @ MANU, S/O.K.C.DEVASIYA, KARIMATTOM VEEDU, PERUNNA KIZHAKU KARA, CHANGANASSERY. 5. VARGHESE JOSEPH @ ALEX, S/O.JOSEPH, KOCHUKIZHAKKEKAVIL VEEDU, PALLIKACHIRA AREA, PAIPPADU KARA, PAIPPADU VILLAGE NOW RESIDING AT MAVELI THYYIL VEEDU, VAZHAPPALLY EAST VILLAGE, CHANGANASSERY. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN B.A.No.9364/2011 RESPONDENT : STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.1803/2011 OF CHANGANASSERY POLICE STATION, KOTTAYAM DISTRICT). PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9364 of 2011 ---------------------------------------------- Dated this the 23rd day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 5 in Crime No.1803 of 2011 of Changanassery Police Station. 2. The offences alleged against the petitioners are under Sections 452, 323, 324 and 307 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 05/11/2011 at 7.30 P.M., while the victim was standing in front of a vegetable shop, he was attacked by the accused in spite of his attempt to escape by going inside the shop after seeing the accused. In spite of the attempt made by the shop owner to prevent the accused from attacking the victim, the accused managed to catch hold of the victim and attacked him indiscriminately with deadly weapons. 4. The petitioners surrendered before the Investigating Officer on 07/11/2011 and on production before Court they were remanded to judicial custody. Bail Appln.No.9364/2011 : 2 : 5. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the medical records relating to the victim. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners only with effect from 06/12/2011. 7. The petitioners shall be released on bail with effect from 06/12/2011 on their executing bond for `.25,000/- (Rupees Twenty five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Changanassery, 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 and Thursdays for a period of two months and thereafter on 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; Bail Appln.No.9364/2011 : 3 : C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner 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 skj True copy P.A. to Judge