IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 Bail Appl..No. 5497 of 2009() ----------------------------- CRIME NO.585/2009 OF PALA POLICE STATION .................... PETITIONERS/ACCUSED --------------------------------------- 1. JOSEPH @ ANAND,S/O.THOMAS,(A1) KANDATHIL VEETTIL,LALAM VILLAGE, KIZHATHADIYOOR KARA,PALA. 2. BIJO BHASKAR,S/O.BHASKARAN,(A2) PANAMATTATHIL VEEDU,LALAM VILLAGE, KIZHATHADIYOOR KARA,PALA. 3. TOM K.JOSEPH,S/O.JOSEPH,(A3) KANDATHIL VEETTIL,LALAM VILLAGE, KIZHATHADIYOOR KARA,PALA. BY ADV. SRI.MANOJ RAMASWAMY RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, PALA POLICE STATION. (IN CRIME NO.585/09 OF PALA POLICE STATION) PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5497 OF 2009 ------------------------------------------------------ Dated this the 29th day of September, 2009 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 to 3 in Crime No.585 of 2009 of Pala Police Station. 2. The offence alleged against the petitioners is under Section 395 of the Indian Penal Code. 3. The date of occurrence was on 27.8.2009. The petitioners were arrested on 27.8.2009 itself and they were remanded to judicial custody. 4. The learned Public Prosecutor submitted that the first accused is involved in two other crimes and the third accused is involved in four other crimes. 5. Learned counsel for the petitioners submitted that if the B.A. NO. 5497 OF 2009 :: 2 :: petitioners are released on bail, they undertake not to commit any offence while on bail or indulge in any prejudicial activity. This submission is recorded. 6. 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, the present stage of investigation and also the undertaking made by the petitioners, I am of the view that bail can be granted to the petitioners. 7. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Pala, 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 and Thursdays, 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 leave the limits of Pala Police Station for a period of two months, except for complying with conditions (a) and (b); B.A. NO. 5497 OF 2009 :: 3 :: d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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/