IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 Bail Appl..No. 6331 of 2011() ----------------------------- CRIME NO.485/2011 OF KOOTHUPARAMBA POLICE STATION, KANNUR PETITIONERS/ACCUSED : ---------------------------- 1. VIGIL RAJ.A,S/O.RAJAN BABU,POONIAM NIVAS MOORIYAD POST,KOOTHUPARAMBA KANNUR DISTRICT. 2. V.V.JIJESH,S/O.PAVITHRAN,RAGI NILAYAM, MOORIYAD,KOOTHUPARAMBA,KANNUR DISTRICT. 3. RAJEEVAN.C.M,S/O.ANANDAN,SANTHALAYAM, KUNNAPPADY BAZAR,POOKODE POST,KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENT(S): COMPLAINANT & STATE ---------------------------------------------- 1. STATE OF KERALA-REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, PIN-682031. 2. THE STATION HOUSE OFFICER,KOOTHUPARAMBA POLICE STATION,(CRIME NO.485 OF 2011), KANNUR DISTRICT-670643. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/08/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6331 of 2011 --------------------------- Dated this the 8th day of August, 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 3 in Crime No.485 of 2011 of Koothuparamba Police Station, Kannur District. 2. The offence alleged against the petitioners is under Section 392 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 29.7.2011. Accused No.1 was arrested on 29.7.2011. Accused Nos.2 and 3 were arrested on 30.7.2011. 4. When the Bail Application came up for hearing on 5.8.2011, the following order was passed : “Learned counsel for the petitioners submitted that the crime was registered due to BA 6331/2011 2 a mistake of fact and that the de facto complainant has sworn to an affidavit stating that no incident as alleged by him happened. Learned counsel for the petitioners submitted that the de facto complainant is prepared to appear before the investigating officer and convince him about the real facts. Post on 8.8.2011.” 5. Learned counsel for the petitioners submitted that the de facto complainant appeared before the investigating officer and explained the position. He also filed an affidavit. 6. 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. The petitioners shall be released on bail 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 BA 6331/2011 3 Class, Koothuparamba, subject to the following conditions: A) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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 csl BA 6331/2011 4 K.T.SANKARAN, J. --------------------------- B.A.No.6331 of 2011 --------------------------- Dated this the 5th day of August, 2011 O R D E R Learned counsel for the petitioners submitted that the crime was registered due to a mistake of fact and that the de facto complainant has sworn to an affidavit stating that no incident as alleged by him happened. Learned counsel for the petitioners submitted that the de facto complainant is prepared to appear before the investigating officer and convince him about the real BA 6331/2011 5 facts. Post on 8.8.2011. K.T.SANKARAN JUDGE csl Hand over copy to both sides.