IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Bail Appl..No. 4737 of 2009() ----------------------------- CRIME NO.86 OF 2007 OF MALAMPUZHA POLICE STATION CRMP.2291/2009 of DISTRICT COURT, PALAKKAD PETITIONERS/ACCUSED 2 & 4 --------------------------------------------- 1. MANI, S/O.APPUKUTTAN, KUPPICHEMARAPURA, KADUKKAMKUNNAM, MALAMPUZHA, PALAKKAD DISTRICT. 2. SURENDRAN, S/O.APPUKUTTAN, KOMBAMARAPURAM, KUPPICHEMARAPURA, KADUKKAMKUNNAM, MALAMPUZHA, PALAKKAD DISTRICT. BY ADV. SRI.N.RAGHURAJ SRI.A.V.RAVI SMT.K.AMMINIKUTTY RESPONDENT: STATE -------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4737 OF 2009 ------------------------------------------------------ Dated this the 27th August, 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.2 and 4 in Crime No.86 of 2007 of Malampuzha Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 324 and 307 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 5.9.2007. The petitioners were arrested on 30.7.2009 and they are in judicial custody. 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 offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. B.A. NO. 4737 OF 2009 :: 2 :: 5. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – III, Palakkad, 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 ahz/