IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 Bail Appl..No. 5225 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.4595/2011 CRIME NO.104/2009 OF CHEVAYOOR POLICE STATION KOZHIKODE .................... PETITIONERS/ACCUSED ------------------------ 1. AKHIL.M, S/O.BHARATHAN, AGED 25 YEARS, SREEPADAM, MAKKOTTATHIL HOUSE, KARUVASSERY, KOZHIKODE. 2. JIMESH.A.A, S/O.GOPINATHAN, AGED 29 YEARS, MODAMBATH HOUSE, CHELANNUR AMSOM, CHELAPRAM, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT & STATE ---------------------------------- 1. S.I. OF POLICE, CHEVAYOOR POLICE STATION, KOZHIKODE-673 017. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5225 of 2011 ---------------------------------------------- Dated this the 13th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused in Crime No.104 of 2009 of Chevayoor Police Station, which is now pending as C.C.No.285 of 2011 on the file of the court of the Judicial Magistrate of the First Class-I, Kozhikode. 2. The offences alleged against the petitioners are under Sections 341, 323, 324 and 326 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 07/03/2009. The petitioners were arrested on 10/05/2011 and they were remanded to judicial custody. 4. 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 that the charge was laid, I am of the view that bail can be granted to the petitioners. 5. The petitioners shall be released on bail on their executing bond for `25,000/-(Rupees Twenty five thousand Bail Appln.No.5225/2011 : 2 : only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kozhikode, 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 skj