IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 Bail Appl..No. 7761 of 2011() ----------------------------- CMP.1554/2011 of J.M.F.C.-II, PEERUMEDU CRIME NO.497 OF 2011 OF KUMILY POLICE STATION, IDUKKI DT. .................... PETITIONERS/ACCUSED 1 AND 5 ----------------------------------------------- 1. SAJI, S/O.DIVAKARAN, AMBANATTU HOUSE, LABBAKKANDAM, KUMILY VILLAGE. 2. SYAM, S/O.MOHANAN, KANIYMPARAMBIL HOUSE, VELLARAMKUNNUKARA, KUMILY VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.7761 OF 2011 --------------------------------- Dated this the 28th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 5 in Crime No.497 of 2011 of Kumily Police Station, Idukki District. 2.The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 427 and 308 read with 149 of the Indian Penal Code. 3. The date of occurrence was on 3.9.2011. The petitioners were arrested on 4.9.2011 and they were remanded to judicial custody. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5.Taking into account the facts and circumstances of the B.A.No.7761 OF 2011 2 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 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-II, Peerumed, 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) The petitioners shall cooperate with the investigating officer in the matter of B.A.No.7761 OF 2011 3 investigation. 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 cms