IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Bail Appl..No. 1964 of 2010 CRIME NO.63 OF 2010 OF IRIKKUR POLICE STATION, KANNUR PETITIONER/ACCUSED NOS.1 TO 3: -------------------------------------- 1. C.K.BIJU @ KUNHI BIJU, S/O. GOPALAN, AGED 27 YEARS, PUTHIYAPURAYIL HOUSE, KAYARALAM AMSOM, OLAKKAD KANNUR DIST. 2. SAJITH K. S/O. RAGHAVAN, AGED 25 YEARS, KOYIMBIL HOUSE, NEAR GOVT. HOSPITAL, MAYYIL KANNUR DIST. 3. SREEJITH E.K. S/O. NARAYANAN, AGED 25 YEARS, POOKOTH HOUSE, KAVINMOOLA, MAYYIL AMSOM, KANNUR DIST. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT: COMPLAINANT -------------------------- STATE-S.H.O. TRIKKUR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.KAMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1964 OF 2010 ------------------------------------------------------ Dated this the 7th day of April, 2010 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 3 in Crime No.63 of 2010 of Irikkur Police Station, Kannur. 2. The offences alleged against the petitioners are under Sections 447 and 427 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. 3. The prosecution case is that on 17.2.2010, the petitioners trespassed into the house of the de facto complainant, hurled explosive substances and caused damage to the house of the de facto complainant. The petitioners were arrested on 8.3.2010. The application filed by the petitioners for bail was rejected by the Sessions Court, Thalassery by the order dated 22.3.2010. Investigation has progressed thereafter. 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 B.A. NO. 1964 OF 2010 :: 2 :: 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 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-II, Kannur, 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/ B.A. NO. 1964 OF 2010 :: 3 ::