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. 2015 of 2010() ----------------------------- CRIME NO.130/2010 OF CHIRAYINKIL POLICE STATION, THIRUVANANTHAPURAM .................... PETITIONERS/ACCUSED NOS.1,9 & 10 ---------------------------------------------------- 1. SERIN, AGED 36 YEARS, S/O. BHASKARAN, RESIDING AT VILAYIL VEEDU, CHIRAYINKEEZHU DESOM, SARKARA VILLAGE, THIRUVANANTHAPURAM. 2. JAYAKUMAR @ JAYAN, S/O. SIVADASAN NAIR, RESIDING AT AKKAM VEEDU, CHIRAYINKEEZHU DESOM, CHIRAYINKEEZHU VILLAGE, THIRUVANANTHAPURAM DIST. 3. REJI @ VISWAN, S/O. SATHYASEELAN, RESIDING AT KALIYIVILA VEEDU, MELAMKONAM DESOM, CHEMMARUTHI VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.RAJAGOPALAN NAIR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND 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.2015 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, 9 and 10 in Crime No.130 of 2010 of Chirayinkil Police Station. 2. The offences alleged against the petitioners are under Sections 342, 365 and 395 of the Indian Penal Code and Section 27 of the Arms Act. 3. The date of occurrence was on 10.2.2010. The matter was reported to the police on 20.2.2010. Accused Nos.1 and 10 were arrested on 23.2.2010 and accused No.9 was arrested on 25.2.2010. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. The learned Public Prosecutor submitted that the petitioners are goondas in the locality and they create law and order problem in the locality. 6. The Bail Applications filed by the petitioners were BA No.2015/2010 2 dismissed by the Judicial Magistrate of the First Class, Attingal and the Sessions Court, Thiruvananthapuram. Investigation has progressed thereafter. 7. 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 on stringent conditions. 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-I, Attingal, 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 and Thursdays, 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 BA No.2015/2010 3 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 csl