IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Bail Appl..No. 7709 of 2009 CRIME NO.365 OF 2009 OF NILESHWAR POLICE STATION, KASARAGOD PETITIONERS/ACCUSED NOS.1 TO 4 -------------------------------------------------- 1. PRAKASAN K.V., S/O.AMBADI, AGED 29 YEARS KALATHUM VATHUKKAL HOUSE, THAIKADAPPURAM. 2. SUJESH, S/O.DAMODHARAN, AGED 30 YEARS, MEHTANMAR VALAPPIL, THAIKADAPPURAM. 3. RATHEESH P.V., S/O.AMBU, AGED 27 YEARS, PAVOOR HOUSE, THAIKADAPPURAM. 4. KRIPESH K.V., S/O.KUMARAN, AGED 25 YEARS, KALATHUMVATHUKKAL HOUSE, THAIKADAPURAM. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, NILESHWAR POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7709 OF 2009 ------------------------------------------------------ Dated this the 6th 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.1 to 4 in Crime No.365 of 2009 of Nileshwar Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 324 and 308 of the Indian Penal Code. 3. The date of occurrence was on 15.12.2009. The petitioners were arrested on 16.12.2009. 4. Learned Public Prosecutor submitted that after completing the investigation, charge was laid in the case on 31.12.2009 before the court of the Judicial Magistrate of the First Class II, Hosdurg. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. NO. 7709 OF 2009 :: 2 :: petitioners, the nature of the offence and the fact that charge was laid in the case, 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 – II, Hosdurg, 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. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/