IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 Bail Appl..No. 7209 of 2011(A) ----------------------------- CRIME No. 1457/2011 OF EDUMANGAD POLICE STATION. CMP.11108/2011 of J.M.F.C.-I,NEDUMANGAD .................... PETITIONER/ACCUSED 2TO 5 -------------------------------------------- 1. PRAKASH, S/O.SURENDRAN, SUNIL BHAVAN, PANACHAMOODU KOLLUKONAM, VANDA, THEKKUMKARA MURI, MARUPPUR VILLAGE (A2). 2. PRAVEEN, S/O.MURALEEDHARAN, LEKSHMI BHAVAN, PANACHAMOODU KOLLUKONAM, VANDA, THEKKUMKARA, MURI, MARUPPUR VILLAGE (A3). 3. MAHESH, S/O.SURENDRAN, NOW RESIDING AT RENTED HOUSE OF SUKUMARAN NAIR, VENKAVILA (AT PARANDODE PARAYIL KUNNUMPURATHU VEEDU, THEKKUMKARA MURI, KARIPPUR VILLAGE (A4). 4. SARATH @ SAMBHU, S/O.SASIKUMAR, MELAMKODE, CHERUVALLIKUZHI PUTHEN VEEDU, THEKKUMKARA MURI, KARIPPUR VILLAGE (A5). BY ADV. SRI.D.KISHORE RESPONDENT(S): STATE& COMPLAINANT --------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2. THE SUB INSPECTOR OF POLICE, NEDUMANGADU POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN 695001. BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.7209 OF 2011 --------------------------------- Dated this the 6th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos. 2 to 5 in Crime No.1457 of 2011 of Nedumangad Police Station, Thiruvananthapuram District. 2.The offences alleged against the petitioners are under Sections 143, 144, 147, 294(b), 341, 323 and 308 read with 149 of the Indian Penal Code and Section 27 of the Arms Act. 3.The date of occurrence was on 21.8.2011. The petitioners were arrested on 23.8.2011. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. B.A.No.7209 OF 2011 2 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 `25,000/-(Rupees Twenty Five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Nedumangad, subject to the following conditions: A) The petitioner 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 petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioner shall cooperate with the B.A.No.7209 OF 2011 3 investigating officer in the matter of investigation. F) 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 cms