IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Bail Appl..No. 989 of 2010() --------------------------------------- CRIME NO.33/2010 OF AMBALATHARA POLICE STATION, KASARAGOD DISTRICT. ............... PETITIONERS/ACCUSED ----------------------------------- 1. SUNEESH P.K, AGED 23 YEARS S/O.KUNHIKANNAN, PALAKKAL HOUSE, KODOTH, KODOTH VILLAGE, HOSDURG, KASARAGOD DISTRICT. 2. JAYARAJ. K, AGED 21 YEARS, S/O.KRISHNAN, AYAROTTUMALA, KOTOM VILLAGE, HOSDURG, KASARAGOD DISTRICT. 3. PUSHPARAJAN C.K, AGED 32 YEARS S/O.KRISHNAN, CHAPPAYIL VEEDU,KOTOM, KOTOM VILLAGE, HOSDURG, KASARAGOD DISTRICT. 4. K.P. SHAJI, AGED 30 YEARS S/O.KRISHNAN, KOTOM, KOTOM VILLAGE, HOSDURG, KASARAGOD DISTRICT. 5. K. SUKUMARAN, AGED 33 YEARS S/O.KANNAN, KOTOM, KOTOM VILLAGE HOSDURG, KASARAGOD DISTRICT. 6. CHANDRANKUNHI, AGED 44 YEARS S/O.NARAYANAN, KOTOM, KOTOM VILLAGE HOSDURG, KASARAGOD DISTRICT. 7. SUDHEESHKUMAR @ SUDHI S/O.KUNHIKANNAN, MEKKOTOTH HOUSE KOTOM, KOTOM VILLAGE, HOSDURG, KASARAGOD DISTRICT. BY ADV. MR.M.SASINDRAN, MR.JOHNY THOMAS. (PTO) Bail Appl..No. 989 of 2010( RESPONDENTS/COMPLAINANT: ---------------------------------------------- 1. STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. THE STATION HOUSE OFFICER AMBALATHARA POLICE STATION (CRIME NO.33 OF 2010) KASARAGOD DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR MR.V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/02/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 989 of 2010 ---------------------------- Dated this the 19th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 7 in Crime No.33 of 2010 of Ambalathara Police Station, Kasaragod 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 29/01/2010. Accused Nos. 1,6 and 7 were arrested on 31/1/2010 and accused Nos.2 to 5 surrendered before the court on 3/2/2010. All of them are in judicial custody. 4. It is submitted by the learned counsel for the petitioners that the injuries sustained by the de facto complainant are not so serious in nature. 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 B.A. No. 989/ 2010 2 investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. 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, Hosdurg 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