IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Bail Appl..No. 10501 of 2011() ------------------------------ CRIME NO. 1008/2011 OF VATAKARA POLICE STATION KOZHIKODE PETITIONERS : ACCUSED 1 – 5 : ---------------------------- 1. SREEJITH, S/O. RAMACHANDRAN, AGED 32 YEARS, NARAMBAT MEETHAL HOUSE, VADAKKUMBAD.P.O, NOW RESIDING AT PASHONMAKANDY HOUSE, MAPPAYIL, VADAKARA. 2. RAJESH, S/O. KUMARAN, AGED 27 YEARS, KANHIPARAMBATH HOUSE, SIDHA SAMAJAM.P.O. 3. PRAKASAN, S/O. GOVINDAN, AGED 48 YEARS, ARAYAKOOL THAZHA KUNIYIL HOUSE, VADAKARA.P.O. 4. PRAKASAN, S/O. NANU, AGED 43 YEARS, THEKKAY HOUSE, NADAKKUTHAZHA, PUTHIYAPPA. 5. SREEJITH, S/O. NANU, AGED 31 YEARS, KILACH PARAMBATH, KARUVENCHERI, MANIYOOR. BY ADV. SRI.SUNNY MATHEW B.A.No.10501/2011 RESPONDENT : COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, VADAKARAN POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. Addl. Director General of Public Prosecution-SRI.TOM JOSE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.10501 of 2011 ---------------------------------------------- Dated this the 22nd day of December, 2011 ORDER 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.1008 of 2011 of Vatakara Police Station, Kozhikode District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 120-B, 341, 323, 324, 326 and 307 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 17/09/2011 at 6 P.M., the accused persons assaulted the de facto complainant with iron rods and swords near a bus stand, causing serious injuries to him. It is stated that the de facto complainant, a retired teacher, aged 65 years was a director of a Co-operative Bank. He resigned as a Director which resulted in the loss of majority to a political party which was having majority in the Board. Due to the political enmity, it is alleged, the de facto complainant was assaulted causing serious injury to him. Bail Appln.No.10501/2011 : 2 : 4. The first accused was arrested on 01/11/2011 and accused Nos.2 to 5 surrendered before court on 09/11/2011. 5. The Bail Application is very vehemently opposed by the learned Additional Director General of Prosecution. It is submitted that the investigation is not over and in the peculiar circumstances of the case, the petitioners are not entitled to be released on bail. 6. The learned counsel for the petitioners submitted that there are no grounds for detaining the petitioners further. 7. The investigation of the case is not over. But at the same time it is to be noted that the petitioners are in judicial custody for more than 45 days. 8. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners only with effect from 09/01/2012. 9. The petitioners shall be released on bail with effect from 09/01/2012 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 Bail Appln.No.10501/2011 : 3 : Magistrate of the First Class, Vatakara, 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 one month and thereafter on 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; 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 skj