IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 Bail Appl..No. 4883 of 2009 CRIME NO.1214 OF 2009 OF KOTTARAKKARA POLICE STATION CMP.7076/2009 of J.M.F.C.-I,KOTTARAKKARA PETITIONERS/1ST & 2ND ACCUSED: -------------------------------------------------- 1. VINOD KUMAR, S/O.RAGHAVAN PILLAI, THADAVILA PUTHEN VEEDU, THALACHIRA MURI, VETTIKKAVALA VILLAGE. 2. SASIDHARAN NAIR, SAJI VILASAM, THALACHIRA MURI VETTIKKAVALA VILLAGE. BY ADV. SRI. K.SHAJ SRI.SAJJU.S SRI.SYAM J SAM RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4883 OF 2009 ------------------------------------------------------ Dated this the 8th day of September, 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.1 and 2 in Crime No.1214 of 2009 of Kottarakkara Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 324, 326 and 308 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. 3. The date of occurrence was on 3.8.2009. The first accused surrendered before Court on 12.8.2009 and the second accused was arrested on 8.8.2009 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 B.A. NO. 4883 OF 2009 :: 2 :: 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.25,000/- each with two solvent sureties 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 ahz/