IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 27TH AUGUST 2010 / 5TH BHADRA 1932 Bail Appl..No. 4862 of 2010() ------------------------------------------ (CRIME NO.512/2010 OF PERAMANGALAM POLICE STATION, THRISSUR DISTRICT) ........ PETITIONERS/ACCUSED 1, 9, 10 & 11: --------------------------------------------------------- 1. RAFY, S/O.THOMAS, PARAPPADAN HOUSE, MULAMKUNNATHUKAVU VILLAGE, DESOM. 2. SHAJI, S/O.THOMAS, PERAPPADAN VEETTIL, MULAMKUNNATHUKAVU VILLAGE, DESOM. 3. ANIL KUMAR, S/O.CHANDRASEKHARA MARAR, KUMARAPURATH MARATH HOUSE, ERAVIMANGALAM DESOM, NADATHARA VILLAGE, NOW RESIDING AT KOLLANGATTUKARA, NEAR VARAHAMOORTHI TEMPLE. 4. SATHISH KUMAR, S/O.VAIDYANATHAN, PULIKUDY MADAM, M.G.ROAD, THRISSUR, NOW RESIDING AT POONKUNNAM HOUSE, NO.405, CHACKAMADAM, OPP:GAYATHRI LADIES HOSTEL, POONKUNNAM. BY ADV. SRI.P.K.ANIL RESPONDENT(S): COMPLAINANT/STATE: --------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, PERAMANGALAM POLICE STATION. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 4862 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of August, 2010 ORDER This is a petition filed under Section 439 of Criminal Procedure Code seeking bail. 2. Petitioners are accused Nos. 1, 9, 10 and 11 in Crime No.512 of 2010 of Peramangalam Police Station for having committed the offences punishable under Sections 143, 147, 148, 324, 326, 307, 120(B) read with Section 149 of the Indian Penal Code. The allegation is that on 14.7.2010 at about 10.55 p.m. the petitioners along with others are said to have attacked the defacto complainant and caused injuries to him. Petitioners were arrested on 22.7.2010 and since then they have been in custody. Petitioners point out that they are innocent and a false version of the incident has been given. According to them a good part of the B.A.4862/2010. 2 investigation is over and their continued custody is not necessary. 3. Learned Public Prosecutor opposes the petition. It is pointed out that the petitioners have caused grievous hurt to the victim and they do not deserve any leniency. 4. The incident is said to have occurred on 14.7.2010 and the petitioners were taken into custody on 21.7.2010. A good portion of the investigation must have been over. Continued custody of the petitioners is unnecessary. Therefore, this application is allowed as follows: 1) Petitioners shall be released on bail on each of them executing a bond for Rs.10,000/- (Rupees Ten Thousand only) with two solvent sureties each for the like sum each to the satisfaction of JFCM, Kunnamkulam. 2) Petitioners shall report before the investigating officer on every Friday between 10 a.m. and 11 a.m. till final report is laid. B.A.4862/2010. 3 3) Petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. P. BHAVADASAN, JUDGE sb.