IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 Bail Appl..No. 3525 of 2009() ----------------------------- CMP.1027/2009 IN CRIME NO.122/2009 OF NILESHWAR POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- 1. C.K.JAYACHANDRAN,22 YEARS, S/O.KUNHIRAMAN, RESIDING AT CHEKIAYAT VEEDU, KUMBLAPALLY, CHITTA P.O. PERIYANGANAM. 2. MOHANAN,34 YEARS, S/O. KUNHIRAMAN, R/AT HEKKEDATH VEEDU, THALIANKALLU P.O. PERIYANGANAM. 3. P.V.SANEESH,AGED 26 YEARS, S/O.DAMODARAN, R/AT KURUNCHERI, P.O. PERIYANGANAM. 4. M.HARI, AGED 34 YEARS, S/O LATE KRISHNAN, R/AT MUNTHIKODE HOUSE, KOLAMKULAM, P.O. KINANOOR. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): STATE/COMPLAINANT -------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, NILESWARAM POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- B.A.No.3525 of 2009 ------------------------------------ Dated this the 1st day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused Nos.1, 3, 4 and 5 in Crime No.122 of 2009 of Nileshwar Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 307 and 506 (ii) read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 16.4.2009 at about 6 p.m. when the defacto complainant was coming back from temple, a group of people numbering about 20 came there in two vehicles and the first accused beat the defacto complainant with an iron rod. The third accused beat him with a bamboo stick and others by hands. The defacto complainant sustained injuries and he was admitted in the hospital. The petitioners were arrested on 15.6.2009 and they are in 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 offence and the present stage of investigation, I am BA No.3525/2009 2 of the view that bail can be granted to the petitioners. 5. 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, Hosdurg, 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; 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