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.6635 of 2011 CMP.7388/2011 OF J.M.F.C. - I, KARUNAGAPPALLY CRIME NO.1543 OF 2011 OF KARUNAGAPPALLY POLICE STATION, KOLLAM PETITIONERS/ACCUSED 1,3 AND 4 ------------------------------------------------- 1. SHINU,SHYNI BHAVANAM VEEDU, ADINADU THEKKU,KATTILKADAVU.P.O, KARUNAGAPPALLY, KOLLAM-690542. 2. ANIL,S/O.SIVARAJAN, NANCHAKKATTUKIZHAKKATHIL, ADINADU THEKKU, KATTILKADAVU.P.O, KARUNAGAPPALLY, KOLLAM-690542. 3. SUDHI, S/O.BABU,MANDANATHU KIZHAKKATHIL, ADINADU THEKKU MURI, KATTILKADAVU.P.O, KARUNAGAPPALLY, KOLLAM-690542. BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENTS: COMPLAINANT AND STATE ------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682035. 2. THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION, KOLLAM-690518. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6635 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. Petitioners are accused Nos.1, 3 and 4 in Crime No.1543 of 2011 of Karunagappally Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 120B, 323, 324, 326 and 307 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 19.6.2011. The petitioners surrendered before Court on 3.8.2011 and they were remanded to judicial custody. 4. Accused No.2, who was arrested on 24.6.2011, was granted bail as per the order dated 22.7.2011 in B.A.No.5831 of 2011. BAIL APPL. NO.6635 OF 2011 :: 2 :: 5. 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 the present stage of investigation, 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 `25,000/- (Rupees Twenty five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally, subject to the following conditions: A) The petitioners shall not enter into the limits of Karunagappally Police Station for a period of two months except for the purpose of complying with conditions 'B' and 'C'; B) 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; BAIL APPL. NO.6635 OF 2011 :: 3 :: C) The petitioners shall appear before the investigating officer for interrogation as and when required; 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/