IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 Bail Appl..No. 6580 of 2011() ----------------------------- CRIME NO.1014/2011 OF THIRUVALLA POLICE STATION .................... PETITIONERS/ACCUSED: ------------------------------ 1. MOHANAN,AGED 44 YEARS, S/O.NARAYANAN, KOTTUPARAMBIL HOUSE, KOTTAR KARA, KARUNAPURAM VILLAGE, IDUKKI DISTRICT 2. SUBASH, AGED 47 YEARS,S/O.BHASKARAN, THARAYILKATTIL HOUSE, PALAR KARA,NEDUMKANDAM VILLAGE, UDUMPACHOLA TALUK, IDUKKI DISTRICT 3. SUDHEESH, AGED 20 YEARS, S/O.SUBASH, THARAYILKATTIL HOUSE, PALAR KARA, NEDUMKANDAM VILLAGE, UDUMPANCHOLA TALUK, IDUKKI DISTRICT BY ADV. SRI.V.SETHUNATH SRI.PRAKASH KESAVAN RESPONDENT(S)/COMPLAINANT/STATE: --------------- 1. THE S.I.OF POLICE, THIRUVALLA POLICE STATION, PATHANAMTHITTA DIST 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH OCURT OF KERALA ERANKULAM PUBIC PROSECUTOR SRI.MR.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- B.A.NO.6580 OF 2011 ----------------------------------- Dated this the 19th day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. 2. Petitioners are accused Nos.1 to 3 in Crime No.1014 of 2011 of Thiruvalla Police Station registered for the offences punishable under Sections 143, 147, 148, 454, 323, 308, 427 read with Section 149 of the Indian Penal Code and Section 3 read with Section 4 of the Ordinance No.5 of 2010 Kerala Health Care Service persons and Institution and Prevention of Damages to the property. The investigation of the crime is in progress. These accused persons with some others, on the death of one of their close relatives, who is alleged to have expired on account of medical negligence, while he was undergoing treatment in the Pushpagiri Medical College Hospital, as members of an unlawful assembly with a common object, caused extensive damages to B.A.NO.6580/2011 2 the hospital, destroying its valuable properties and, thereby, committed the offences stated supra. Petitioners (A1 to A3) were arrested on 19.07.2011 and eversince they are in custody. 3. The learned counsel for the petitioners submits that further detention of the petitioners is not necessary for the completion of the investigation and they are prepared to abide by any condition imposed by this Court. The application is opposed by the learned Public prosecutor. Considering the submissions made by both sides, I find, having regard to the period of detention already undergone by the petitioners, they can be released at this stage imposing adequate conditions ensuring the smooth competition of the investigation. 4. Petitioners are directed to be enlarged on bail on executing a bond for Rs.15,000/-, by each of them, with two solvent sureties for the like sum, by each of them, to the satisfaction of the Judicial First Class Magistrate Court, Thiruvalla. Petitioners are directed to report before the investigating officer as and when directed for smooth completion B.A.NO.6580/2011 3 of the investigation of the crime. Petitioners shall not indulge in any criminal activities or intimidate, nor make any attempt to induce any witnesses, so as to obstruct the fair completion of the investigation of the crime in any manner. Petitioners shall also appear before the investigating officer on every Monday at a time between 10 a.m. and 12 noon for a period of one month from the date of their release. With the above directions, the bail application is allowed. S.S.SATHEESACHANDRAN JUDGE prp B.A.NO.6580/2011 4