IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 Bail Appl..No. 1494 of 2010() ----------------------------- CRIME NO.606/09 OF THIRUVALLA POLICE STATION .................... PETITIONERS/2ND AND 3RD ACCUSED --------------------------------------------------- 1. SIJO, S/O.JOSE, VALIYARA HOUSE, NALUKODI MURIYIL, PAYIPADU, CHANGANACHERY. 2. REJI, S/O.JOSEPH, THURUTHEL HOUSE, MUTUCHIRA VILLAGE, VAIKAM TALUK. BY ADV. SRI.SUJESH MENON V.B. SRI.K.B.ARUNKUMAR RESPONDENT(S): --------------- THE STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1494 of 2010 --------------------------------------------- Dated this the 15th day of March, 2010 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.2 and 3 in Crime No.606 of 2009 of Thiruvalla Police Station. In the Bail Application, the rank of the petitioners are shown by mistake as accused Nos.5 and 8, submits the counsel. 2. The offences alleged against the petitioners are under Sections 395, 365 and 342 of the Indian Penal Code. 3. The date of occurrence was on 19.6.2009. The petitioners were arrested on 27.1.2010 and they were remanded to judicial custody. 4. As per the order dated 13.1.2010 in Bail Application No.88 of 2010, bail was granted to accused Nos.5 and 8. 5. 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 on stringent conditions. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like BA No.1494/2010 2 amount to the satisfaction of the Judicial Magistrate of the First Class, Thiruvalla, 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; c) The petitioners shall surrender their passports before the Judicial Magistrate of the First Class, Thiruvalla within one week from today. If any of the petitioners does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week; d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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