IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 9809 of 2011() ----------------------------- CRIME NO.880/2011 OF SREEKARYAM POLICE STATION, THIRUVANANTHAPURAM PETITIONERS (S): A1 - A5 --------------------------- 1. ANOOP, S/O. MANOHARAN, THAZHEKARIYATHU VEEDU, RANDAMCHIRA, CHELLAMANGALAM WARD, ULIYAZHTHURA VILLAGE. 2. VIJIL, S/O. VIKRAMAN,V.V BHAVAN, RANDAMCHIRA, CHELLAMANGALAM WARD, ULIYZAHTHURA VILLAGE. 3. VIPIN, S/O. VIKRAMAN, V.V BHAVAN, RANDAMCHIRA, CHELLAMANGALAM WARD, ULIYZAHTHURA VILLAGE. 4. RENJITH, S/O. PUSHKARAN, LIJI BHAVAN, RANDAMCHIRA, CHELLAMANGALAM WARD, ULIYZAHTHURA VILLAGE. 5. DEEPU, S/O. DAMODARAN, DEEPA NILAYAM, RANDAMCHIRA, CHELLAMANGALAM WARD, ULIYZAHTHURA VILLAGE. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, SREEKARYAM POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9809 of 2011 --------------------------- Dated this the 2nd day of December, 2011 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.1 to 5 in Crime No.880 of 2011 of Sreekaryam Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioners are under Sections 341, 294(b), 323, 324, 326 and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 4.10.2011 at 5.45 P.M., the accused persons attacked the de facto complainant with deadly weapons and the de facto complainant sustained fracture of skull and other injuries. It is alleged that after accused No.1 restrained the de facto complainant, the other accused attacked the de facto complainant with chopper, iron rod and cement bricks on various parts of his body including BA 9809/11 2 head. The learned Public Prosecutor submitted that the de facto complainant was admitted in the hospital on 4.10.2011 and he was discharged from the hospital on 9.10.2011. 4. 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 with effect from 12.12.2011. The petitioners shall be released on bail only on 12.12.2011 on their executing bond for ` 25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Thiruvananthapuram, 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 and Thursdays for a period of two months and thereafter 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; BA 9809/11 3 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. BA 9809/11 4 K.T.SANKARAN JUDGE csl