IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 Bail Appl..No. 6074 of 2009 CRIME NO.410 OF 2009 OF IRITTY POLICE STATION, KANNUR DISTRICT PETITIONERS/ACCUSED --------------------------------------- 1. VIPEESH P., S/O.VALSAN, SREEVALSAM, ULIYIL P.O., KANNUR DISTRICT. 2. SUJESH P., S/O.BHARATHAN, SMITHA NIVAS, ULIYIL P.O., KANNUR DISTRICT. 3. VINESSH C., S/O.DAMODARAN, KANNOTH HOUSE, ULIYIL P.O., KANNUR. 4. ANOOP A., S/O.KUNHIKANNAN, NANDANAM HOUSE, THILLANKERI P.O., KANNUR DISTRICT. 5. PRAJEESH P., S/O.CHATHUKUTTY, KARAKUNNU HOUSE, ULIYIL P.O., KANNUR DISTRICT. 6. SUNIL P., POOMARATHIL HOUSE, ULIYIL P.O., KANNUR DISTRICT. 7. DHANESH K., S/O.BALAKRISHNAN, KARAKUNNU HOUSE, ULIYIL P.O., KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, MATTANNUR POLICE STATION. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6074 OF 2009 ------------------------------------------------------ Dated this the 26th day of October, 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 to 3 and 5 to 8 in Crime No.410 of 2009 of Iritty Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324 and 427 read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. 3. The date of occurrence was on 5.10.2009. The petitioners surrendered before Court on 9.10.2009 and they were remanded to judicial custody. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the B.A. NO. 6074 OF 2009 :: 2 :: 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. 6. 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, Mattannur, 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 ahz/