IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 Bail Appl..No. 6842 of 2009() ----------------------------- CRIME NO.744/09 OF CHENGANNUR POLICE STATION .................... PETITIONERS/ACCUSED --------------------------------------- 1. RAJEEV KUMAR, AGED 27 YEARS, S/O.DEVASYA @ SADANANDAN, THOTTUMALITHARA KIZHAKKETHIL VEEDU, KOLEDUTHUSSERI MURI, THIRUVANVANDUR VILLAGE, CHENGANNUR TALUK. 2. ANIYAN @ KUNJUMON K.R., AGED 37 YEARS, S/O.RAGHAVAN, VANJIPUZHAYETH COLONY, THIRUVANVANDUR P/XII, VANAVATHUKKARA MURI, THIRUVANVANDUR VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.S.HARIKRISHNAN RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, CHENGANNUR. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6842 of 2009 --------------------------------------------- Dated this the 25th day of November, 2009 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.744 of 2009 of Chengannur Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 323, 341 and 302 of the Indian Penal Code. 3. The date of occurrence was on 28.9.2009. Accused No.1 was arrested on 1.10.2009 while accused No.2 was arrested on 3.10.2009. They are in judicial custody. 4. The learned counsel for the petitioners submitted that even going by the prosecution case, the accused persons have not used any weapon for commission of the offence. It is also pointed out that the deceased was involved in several criminal cases. 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 BA No.6842/2009 2 investigation, I am of the view that bail can be granted to the petitioners. 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, Chengannur, 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 csl