IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 Bail Appl..No. 3920 of 2009() ---------------------------------------- CRIME NO.609/2009 OF KOTTARAKKARA POLICE STATION, KOLLAM PETITIONERS/ACCUSED1 AND 2: -------------------------------------------------------- 1. AJEESH, AGED 23 YEARS, S/O.SURENDRAN, VENGAVILA VEEDU, PARAMCODE MURI, ELAMAD VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. 2. SANTHOSH, AGED 26 YEARS, S/O.BALACHANDRAN PILLAI, KAROTTUMANGALATHU VEEDU, PADIYARAM, CHEPRA MURI, VELIYAM VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT/COMPLAINANT: ------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. SRI. I.V. PRAMOD, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3920 of 2009 ------------------------------------ Dated this the 17th day of July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1and 2 in Crime No. 609/2009 of Kottarakkara Police Station, Kollam. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 324 and 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 21/04/2009. The petitioners filed B.A. Nos.2939/2009 and 3400/2009 for anticipatory bail, which were dismissed as per Annexure A order dated 3/07/2009. The petitioners surrendered before the court on 4/07/2009 and they are in judicial custody. 4. The learned Public Prosecutor submitted that investigation of the case has progressed much. 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 offence and the present stage of investigation, I am of the view that bail can be granted to the B.A. No. 3920/2009 Page numbers petitioners. 6. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class- I, Kottarakkara 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 scm