IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Bail Appl..No. 5576 of 2009 CRIME NO.43 OF 2009 OF KANNAVAM POLICE STATION, KANNUR PETITIONERS/ACCUSED --------------------------------------- 1. VINEESH, AGED 28 YEARS, S/O.BHASKARAN, BINEESH BHAVAN, PAREMMAL HOUSE, KANNAVAM AMSOM. 2. M.RAMAKRISHNAN, AGED 42 YEARS, S/O.SANKARA MARAR, VATTAPOYIL HOUSE, KANNAVAM AMSOM, THODEEKALAM. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT: COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5576 OF 2009 ------------------------------------------------------ Dated this the 5th day of October, 2009 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.3 and 4 in Crime No.43 of 2009 of Kannavam Police Station, Kannur District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 302 and 341 read with section 149 of the Indian Penal Code. 3. It is submitted by the learned counsel for the petitioners that bail was granted to the second accused as per the order dated 22.7.2009. It is further submitted that accused Nos.1 and 6, who were arrested on 10.4.2009, were also released on bail on 10.7.2009. The fifth accused, who was arrested on 4.4.2009, was also released on bail on 4.7.2009. Bail granted to accused Nos.1, 5 and 6 were default bail under Section 167(2) of the Code of Criminal Procedure. B.A. NO. 5576 OF 2009 :: 2 :: 4. The date of occurrence was on 27.3.2009. The petitioners were arrested on 6.8.2009 and they are in judicial custody since then. 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. 6. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Koothuparambu, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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 enter the limits of Kannavam Police Station except for complying with conditions (a) and (b) until further orders or until final report is filed; B.A. NO. 5576 OF 2009 :: 3 :: d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; e) 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/