IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Bail Appl..No. 3028 of 2009() ------------------------------------- CRIME NO.718/2009 OF CHENGANNUR POLICE STATION PETITIONERS/ACCUSED NOS.1,2 & 3 (IN CUSTODY): ------------------------------------------------------------------------ 1. RATHEESH, AGED 23 YEARS, S/O. RAJAN, OODAKULATHIL KARAYIL VEEDU, KEEZHCHERIMEL MURI, CHENGANNUR VILLAGE. 2. RAJEEV, AGED 25 YEARS, S/O. RAJAN, OODAKULATHIL KARAYIL VEEDU, KEEZHCHERIMEL MURI, CHENGANNUR VILLAGE. 3. SAJEEV, AGED 27 YEARS, S/O. RAJAN, OODAKULATHIL KARAYIL VEEDU, KEEZHCHERIMEL MURI, CHENGANNUR VILLAGE. BY ADV. SRI.V.MANOJ KUMAR SRI.IYPE JOSEPH RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, CHENGANNUR, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3028 of 2009 ------------------------------------ Dated this the 10th day of June, 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, 2 and 3 in Crime No. 718/2009 of Chengannur Police Station. 2. The offence alleged against the petitioners are under Sections 308, 324 read with Section 34 of the Indian Penal Code. 3. It is stated that the accused No.4 was granted anticipatory bail as she was suffering from Jaundice. The petitioners had also applied for anticipatory bail. Their prayer for anticipatory bail was rejected. They surrendered before the investigating officer on 28/05/2009 and they produced before the court. The petitioners are in judicial custody. It is submitted by the learned counsel for the petitioner that the defacto complainant is a relative of the petitioner and there were family disputes. The learned Public Prosecutor submitted that the B.A. No.3028/2009 2 injuries sustained by the defacto complainant are not very serious. 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. 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, 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 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 B.A. No.3028/2009 3 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