IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 Bail Appl..No. 5346 of 2009() ------------------------------------ CRIME NO. 869/2009 OF KUNDARA POLICE STATION ........................ PETITIONERS/ACCUSED 1 & 2: --------------------------------------------- 1. APPI @ THOMAS, AGED 38 YEARS, S/O. ANTONY, ANU VILLA, IDAMALA, PERAYAM CHERRY, MULAVANA VILLAGE, KOLLAM DISTRICT. 2. SHIBU, AGED 32 YEARS, S/O. ANTONY, ANU VILLA, IDAMALA, PERAYAM CHERRY, MULAVANA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI. M. L. SURESH KUMAR RESPONDENT/STATE: ------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5346 of 2009 ------------------------------------ Dated this the 23rd day of September, 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 and 2 in Crime No.869/2009 of Kundara Police Station. 2. The offences alleged against the petitioners are under Sections 294(b), 447, 324, 308 and 506 (i) read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 22.08.2009. The petitioners surrendered before the court on 26.08.2009 and they were remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. 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. B.A. No. 5346 of 2009 2 5. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kollam 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 ln