IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Bail Appl..No. 2798 of 2009() ----------------------------- CMP.3146/2009 of J.M.F.C.-II,ATTINGAL CRIME NO.125/09 OF KAZHAKUTTOM POLICE STATION PETITIONERS/ACCUSED 2 AND 4 ----------------------------------------------- 1. SHIJUKUMAR,S/O.CHANDRADAS,RESIDING AT KUNNIL VEEDU,NEAR KOTTAYATHUKAVU,ANDOORKONAM VILLAGE,THIRUVANANTHAPURAM. 2. SHEFEEK,S/O.MAHIN KANNU, MANAKATTUVILAKOM VEEDU,NEAR MISSION HOSPITAL, VADAKKUMBHAGOM,KAZHAKOOTTAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.AYYAPPAN SANKAR RESPONDENT(S): COUNTER PETITIONERS ---------------------------------- 1. STATE OF KERALA,REPRESENTED THROUGH THE GOVERNMENT PLEADER,HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE,KAZHAKUTTOM POLICE STATION,KAZHAKUTTOM,THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No.2798 of 2009 ----------------------------------------- Dated this the 5th June, 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 2 and 4 in Crime No.125/09 of Kazhakuttom Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act. The second accused was arrested on 15.3.2009 and he is in judicial custody from 16.3.2009. The fourth accused was arrested on 10.3.2009 and he is in judicial custody from 11.3.2009. 3. The learned Public Prosecutor submitted that the investigation of the case is almost over. However, the 7th accused is not arrested so far. The learned Public Prosecutor further submitted that even if the petitioners are released on bail, that would not affect the further investigation in the case. BA.2798/09 2 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 the present stage of investigation, 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 Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Attingal, subject to the following conditions: A) The petitioners shall report before the Dy.S.P., Attingal between 9 AM and 11 AM on all Mondays, till the final report is filed or until further orders; B) The petitioners shall not enter into the limits of the Kazhakuttom Police Station, until further orders. 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; BA.2798/09 3 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 vgs.