IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 Bail Appl..No. 6944 of 2011() ----------------------------- CRIME NO.376/2011 OF KEEZHVAYPUR POLICE STATION .................... PETITIONERS/ACCUSED 1,3,4 & 5 ------------------------------------------------- 1. JITH @ SREEJITH, S/O. THANKAPPAN NAIR, ANAKUZHIYIL HOUSE, PARIYARAM, MALLAPPALLY. 2. SARATH @ AKHIL, S/O. SASIDHARAN PILLAI, KARUTHANADIYIL, PARIYARAM, MALLAPPALLY. 3. KALESH @ DILEEP, S/O. DIVAKARAN, VARIKKATTU HOUSE, PARIYARAM, MALLAPPALLY. 4. JOMESH @ CHERIAN T.VARGHESE, S/O. T.M.VARGHESE, THAMARASSERIYIL HOUSE, ANAKKUZHY, PARIYARAM, MALLAPPALLY. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6944 of 2011 --------------------------- Dated this the 31st day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 3, 4 and 5 in Crime No.376 of 2011 of Keezhvaypur Police Station, Pathanamthitta District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 324, 427 and 308 read with Section 149 of the Indian Penal Code. 3. The allegation is that on 13.8.2011 at 10.30 P.M., the de facto complainant and others were attacked by the accused persons with cycle chain, iron rod, stick sword and other weapons. The de facto complainant and another sustained injuries. 4. I have gone through the wound certificates. BA 6944/2011 2 5. The investigation is in progress. I am not inclined to grant bail to the petitioners as on today. However, 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 the present stage of investigation, I am of the view that bail can be granted to the petitioners with effect from 6.9.2011. The petitioners shall be released on bail only on 6.9.2011 on their executing bond for ` 25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thiruvalla, 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; BA 6944/2011 3 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 csl