IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 Bail Appl..No. 1431 of 2010() ----------------------------- CRIME NO.744/2009 OF CHENGANNUR POLICE STATION .................... PETITIONERS/4TH,5TH ACCUSED ----------------------------------------------- 1. SUMESH, AGED 19 YEARS, S/O.RAMACHANDRAN, MADAVANA COLONY, PRAYAR MURI,PADANADU VILLAGE. 2. RAJESH, S/O.RAJAPPAN,PALLICHIRAYIL VEEDU, VANAVATHUKARA MURI, THIRUVANVANDOOR VILLAGE. BY ADV. SRI.K.MADHUSOODHANAN NAIR RESPONDENT(S): --------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.BY CHENGANNUR POLICE STATION, ALAPPUZHA DIST. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1431 of 2010 --------------------------------------------- Dated this the 11th day of March, 2010 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.4 and 5 in Crime No.744 of 2009 of Chengannur Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 323, 341 and 302 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 28.9.2009. The petitioners were arrested on 27.2.2010. It is submitted that the investigation is at the final stage. 4. As per the order dated 25th November, 2009 in Bail Application No.6842 of 2009, bail was granted to accused Nos.1 and 2. As per the order dated 17th December, 2009 in Bail Application No.7431 of 2009, bail was granted to accused No.6. It is submitted that the other accused persons were also granted bail. 5. The learned counsel for the petitioners submitted that BA No.1431/2010 2 accused No.4 has to apply for appearing for the Medical Entrance examination on 12th March, 2010. The entrance examinations will be held in the first week of April, 2010. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the present stage of investigation and also taking note of the fact that the other accused were released on bail, I am of the view that bail can be granted to the petitioners. 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, Chengannur, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Sundays, 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; BA No.1431/2010 3 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 csl