IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Bail Appl..No. 4110 of 2009() -------------------------------------- CRIME NO. 882/2008 OF IRIJALAKUDA POLICE STATION ............................. PETITIONERS: -------------------------------- 1. BIJU, AGED 32, S/O. KOCHUVAREED, OOKKEN (H), ILLATHUPADIVAZHI, EDAVANAKAD. 2. VIPIN BABU, AGED 32, S/O. CHANDRAN, KOOVAPARAMBIL HOUSE, CHERAYI ELINJAKULAM, PALLIPURAM. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: ------------------------ 1. SUB INSPECTOR OF POLICE, KORATTY POLICE STATION, IRIJALAKUDA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4110 of 2009 ------------------------------------ Dated this the 31st day of July, 2009 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 and 2 in Crime No.882/2008 of Irinjalakuda Police Station. 2. The offence alleged against the petitioners is under Section 420 read with Section 34 of the Indian Penal Code. 3. It is submitted by the learned Public Prosecutor that the petitioners are involved in other cases of similar nature as well. The learned counsel for the petitioners submitted that the petitioners are involved in only two cases other than this case. In those cases, the petitioners were granted bail. The allegation is that the petitioners, who conducted a chitty, did not pay the amount due to the subscribers. 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. 4110/2009 Page numbers 5. 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, Irinjalakuda 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