IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 Bail Appl..No. 10062 of 2011() ------------------------------ CRMP.3519/2011 of DISTRICT COURT, PALAKKAD CRIME NO.907/2011 OF OTTAPALAM POLICE STATION .................... PETITIONERS/ACCUSED NOS.1 & 2 : ------------------------------- 1. RAJAN, S/O. SANKARAN, KUNNATH VEEDU, KOTHAKURUSSI, OTTAPALAM TALUK. 2. RENJITH, S/O. RAJAN, ORAVINKUNDIL, -DO- -DO- BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (REPRESENTING STATION HOUSE OFFICER, OTTAPALAM POLICE STATION, PIN-679 101). PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.10062 of 2011 ---------------------------------------------- Dated this the 12th 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 and 2 in Crime No.907 of 2011 of Ottapalam Police Station. 2. The offences alleged against the accused are under Sections 143, 147, 148, 341, 326 and 308 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 19/11/2011 at 9 P.M., due to previous enmity, the accused persons, formed themselves into an unlawful assembly armed with deadly weapons and attacked the de facto complainant while he was returning home. He was hit with iron rod on his legs which resulted in the fracture of the bones of his both the legs. It is also alleged that the accused had beaten on the head of the de facto complainant which was warded off by him. As a result of this, he sustained injury on his left hand. 4. The petitioners were arrested on 20/11/2011 and they were remanded to judicial custody. Bail Appln.No.10062/2011 : 2 : 5. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the case diary and wound certificate. 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 offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners only with effect from 20/12/2011. 7. The petitioners shall be released on bail with effect from 20/12/2011 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 Magistrate of the First Class, Ottapalam, 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; Bail Appln.No.10062/2011 : 3 : 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