IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 Bail Appl..No. 4183 of 2009 CRIME NO.693 OF 2009 OF KARUNAGAPPALLY POLICE STATION CMP.8929/2009 of J.M.F.C. - I, KARUNAGAPPALLY PETITIONERS/ACCUSED NOS. 1 TO 4 --------------------------------------------------- 1. ABDUL SALAM, S/O.IBRAHIMKUTTY, PUTHUPPALAM (KUREETHARA KIZHAKKATHIL) HOUSE, PULIYOORVANCHI EAST MURI, THODIYOOR VILLAGE, KARUNAGAPPALLY. 2. DILEESH, S/O.JAFER, KANNANKARA THEKKATHIL, PULIYOORVANCHI EAST MURI, THODIYOOR VILLAGE, KARUNAGAPPALLY. 3. RIYAS, S/O.MUSTHAFA, KALEEKKAL KIZHAKKATHIL, KALLELIBHAGAM MURI, KALLELIBHAGAM VILLAGE. 4. SIYAD, S/O.ALIYARUKUNJU, SHAHINA MANZIL (MANNANTAYYATHU KIZHAKKATHIL), PULIYOORVANCHI NORTH, THODIYOOR. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT; -------------------- STATE OF KERALA THROUGH 1. THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION. 2. THE CIRCLE INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION. (RESPONDENTS 1 AND 2 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4183 OF 2009 ------------------------------------------------------ Dated this the 12th August, 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 to 4 in Crime No.693 of 2009 of Karunagappally Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 324, 326, 307 and 506(II) read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 15.7.2009. The petitioners were arrested on 17.7.2009 and they are in judicial custody since then. It is submitted by the learned Public Prosecutor that the investigation is at the final stage. 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. 4183 OF 2009 :: 2 :: 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, Karunagappally, 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 enter into the limits of the Karunagappally Police Station for a period of one month except for complying with conditions (a) and (b); d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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/