IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 Bail Appl..No. 3806 of 2009 CRIME NO.694 OF 2008 OF NEDUMANGADU POLICE STATION PETITIONERS/ACCUSED NOS.1 AND 2: --------------------------------------- 1. DEEPU @ KANNAN, S/O.MOHANAN NAIR, PADMINI BHAVAN, K.P.IV/693, PURAVOORKONAM MURI, KARAKULAM VILLAGE, THIRUVANANTHAPURAM. 2. VISHNU, S/O.VIJAYAKUMAR, PUTHUVAL PUTHEN VEEDU, E-LANE NO.54, VAZHIYILA, PURAVOORKONAM MURI, KARAKULAM VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3806 OF 2009 ------------------------------------------------------ Dated this the 20th July, 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.694 of 2008 of Nedumangadu Police Station. 2. The offences alleged against the petitioners are under Sections 294(b), 452 and 302 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 4.9.2008, the accused persons forcibly entered into the tailoring shop of the victim and assaulted him with iron rod causing head injury. The offences alleged against the accused were under Sections 294(b), 452, 323 and 307 read with Section 34 of the Indian Penal Code. The victim was admitted in the hospital and he was discharged from the hospital after 35 days. Thereafter, the victim died on 1.5.2009. Section 302 was added accordingly. 4. The petitioners were arrested on 14.6.2009 and they are in judicial custody. B.A. NO. 3806 OF 2009 :: 2 :: 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 offences and the present stage of 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.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Nedumangad, 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 and Thursdays, 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/