IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Bail Appl..No. 4646 of 2009() ----------------------------------------------- AGAINST THE ORDER DATED 10/08/2009 IN CMP. 2685 /2009 IN CP.24/2009 of J.M.F.C.,MATTANNUR CRIME NO.235/2008 OF ULICKAL POLICE STATION, KANNUR .................... PETITIONERS/ACCUSED 2 AND 3: ------------------------------------------------ 1. M.PRAVEENKUMAR, S/O.JANARDHANAN, AGED 28 YEARS, PEON, SARADHA VILASOM U.P.SCHOOL, PARIKKALAM. 2. V.T.VINOD, S/.THAMBAN, AGED 28 YEARS, ALORA HOUSE, PARIKKALAM. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT/ COMPLAINANT: ---------------------------------------------- THE STATION HOUSE OFFICER, ULICKAL POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. GIKKU JACOB, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4646 of 2009 ------------------------------------ Dated this the 20th day of August, 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.2 and 3 in Crime No.235/2008 of Ulickal Police Station, Kannur. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 11/09/2008 and charge was laid in the case. The petitioners were arrested on 10/8/2009 in execution of a non-bailable warrant issued by the court. They are in judicial custody since then. The Bail Application submitted by the petitioners was dismissed by the Judicial Magistrate of the First Class, Mattannur by the order dated 10/08/2009. 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 fact that the charge was laid in the case, I am of the view that bail can be B.A. No. 4646 / 2009 Page numbers granted to the petitioners. 5. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Mattannur subject to the following conditions:- A) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. B) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. C) 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 scm