IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 Bail Appl..No. 7370 of 2009 CRIME NO.454 OF 2009 OF ERUMELI POLICE STATION, KOTTAYAM PETITIONER/ACCUSED NO.1 TO 3 ------------------------------------------------ 1. SARATH.M.S., AGED 21 YEARS, S/O.SASI, MELEDATHU HOUSE, MADATHUMKUZHI BHAGAM, PERUNAD VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. 2. TIJOMON THAMBI, AGED 21 YEARS, S/O.THAMBI, AZAKEZHATHU HOUSE, MAMPARA BHAGAM, PERUNAD VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. 3. SUJEESH.K.S. @ APPU, AGED 24 YEARS, S/O.SURENDRAN, KUZHIPARAMBIL HOUSE, PERUNAD VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT. (ALL PETITIONERS RESIDE WITHIN THE JURISDICTION OF PERUNAD POLICE STATION). BY ADV. SRI.V.SETHUNATH RESPONDENTS: COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR, ERUMELI POLICE STATION. 2. STATE OF KERALA, REPRESNETED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7370 OF 2009 ------------------------------------------------------ Dated this the 11th day of December, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 3 in Crime No.454 of 2009 of Erumeli Police Station, Kottayam. 2. The offences alleged against the petitioners are under Sections 354 and 363 of the Indian Penal Code and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The date of occurrence was on 27.11.2009. The petitioners were arrested on the same date. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. NO. 7370 OF 2009 :: 2 :: 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.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kanjirapally, 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, 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 ahz/