IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 Bail Appl..No. 9022 of 2011() ----------------------------- CMP.5225/2011 of J.M.F.C., HARIPAD Crime No.141 of 2011 of Kanakakunnu Police Station, Alappuzha District. .................... PETITIONERS/2ND AND 3RD ACCUSED --------------------------------------------------- 1. SABU, AGED 30 YEARS, S/O.SASI, PUTHEN VEEDU, ARATTUPUZHA PNCHT/W-5, KANDALLUR THEKKU MURI, ARATTUPUZHA. 2. CHITHARANJAN, AGED 52 YEARS, S/O.GOVINDAN, SACHIN BHAVANAM, DO. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, THROUGH THE DYSP, KAYAMKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 9022 OF 2011 --------------------------------- Dated this the 8th 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.2 and 3 in Crime No.141 of 2011 of Kanakakunnu Police Station, Alappuzha District. 2.The offences alleged against the petitioners are under Sections 323 and 324 read with 34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3.The date of occurrence was on 27.4.2011. The petitioners were arrested on 24.10.2011 and they were remanded to judicial custody. 4. Heard the learned counsel for the petitioners and the B.A.No.9022 OF 2011 2 learned Public Prosecutor. After completing the investigation, final report was filed and the case is pending as C.P No.124 of 2011 of Judicial Magistrate of the First Class-I, Haripad. 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 that the charge was laid, 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 `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, Haripad, subject to the following conditions: A) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. B) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. C) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A.No.9022 OF 2011 3 The Bail Application is allowed as above. K.T.SANKARAN, JUDGE. cms