IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 Bail Appl..No. 6257 of 2010(B) ----------------------------------- (CRIME NO.977/2010 OF HOSDURG POLICE STATION, KASARAGOD DISTRICT) ........ PETITIONERS/ACCUSED NO.1 TO 3 ------------------------------------------ 1. N.K.AJITH @ NATHAL AJITH,AGED1 19 YEARS, (A-1),S/O.KUMARAN,NHANIKKATAVU,KANHANGAD, KASARAGOD DISTRICT. 2. K.V.SAJITH,AGED 22 YEARS,(A-2), S/O.VIJAYAN,NHANIKKATAVU,KANHANGAD VILLAGE, KASARAGOD DISTRICT. 3. K.V.RAJAN,AGED 34 YEARS(A-3), S/O.KUNHAMBU,NHANIKKATAVU,NR.PILLERPEEDIKA, KANHANGAD VILLAGE,KASARAGOD DISTRICT. BY ADV. SMT.P.K.PRIYA RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM REPRESENTING,S.H.O.HODDURG POLICE STATION, KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI. I.V.PRAMOD THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. * * * * * * * * * * * * * * * Bail Application No.6257 of 2010 * * * * * * * * * * * * * * * * * * * * DATED: 8th day of October, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are accused Nos. 1 to 3 in Crime No.977/2010 of Hosdurg Police Station for offences punishable under Secs. 143, 147, 148, 341, 323, 324 and 308 read with 149 I.P.C., seek their enlargement on bail. 2. The learned Public Prosecutor opposed the application contenting inter-alia that the 2nd petitioner (A2) is involved in two other crimes. 3. Having regard to the antecedents of A2, I am not inclined to grant bail to the 2nd petitioner (A2). Accordingly, the request for bail on behalf of the 2nd petitioner is rejected. 4. Having regard to the nature of the offences, the duration of judicial custody of petitioner Nos. 1 and 3 , the present stage of investigation and the other circumstances of the case etc., I am inclined to grant bail to petitioner Nos. 1 and 3. Accordingly, petitioner Nos. 1 and 3 are directed to be released on bail with effect from 23.10.2010 on each of them executing a bond for Rs.15,000/- (Rupees fifteen thousand only) with two Bail Application No.6257 of 2010 2 solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- 1. Petitioner Nos. 1 and 3 shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. Petitioner Nos. 1 and 3 shall make themselves available for interrogation including custodial interrogation as and when required by the police till the filing of the final report. 3. Petitioner Nos. 1 and 3 shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioner Nos. 1 and 3 shall not commit any offence while on bail. If petitioner Nos. 1 and 3 commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE. dmb