IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 Bail Appl..No. 266 of 2010() ---------------------------- CRMP.249/2010 of J.M.F.C.,THIRUVALLA CRIME NO.34/2010 OF THIRUVALLA POLICE STATION .................... PETITIONERS/1ST AND 2ND ACCUSED --------------------------------------------------- 1. NINAN @ ANIYAN,S/O.IDICCULLA, NELUVELIL VEEDU, MADAMUKKU, PUNNAKKUNNAM MURI, KUTTAPUZHA VILLAGE. 2. MADHUSOODHANAN NAIR, S/O. GOPALAKRISHNAN NAIR, PUSPA NIVAS, NALIKODI MURI, PAIPAD VILLAGE. BY ADV. SRI. K.SHAJ RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.266 of 2010 --------------------------------------------- Dated this the 22nd day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.34 of 2010 of Thiruvalla Police Station. 2. The offences alleged against the petitioners are under Sections 323, 324 and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 6.1.2009. The petitioners were arrested on the same date and they were remanded to judicial custody. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed. 6. 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 fact that the charge was laid in the case, I am of the view that bail can be granted to BA No.266/2010 2 the petitioners. The petitioners shall be released on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thiruvalla, subject to the following conditions: a) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; b) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; c) 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 csl