IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 Bail Appl..No. 7757 of 2009(\ CRIME NO.149 OF 2009 OF KIDANGOOR POLICE STATION, KOTTAYAM. PETITIONERS/ACCUSED NOS.13 & 14: --------------------------------------- 1. AJISHKUMAR, S/O.SUKUMARAN, AGED 31 YEARS, PADINJARAKUTTU HOUSE, KOLANI KARA, THODUPUZHA. 2. LENIN JOHN, S/O.JOHN, AGED 32 YEARS, NEDUMPURATHU HOUSE, KARIMKUNNAM, THODUPUZHA. BY ADV. SRI.M.J.SANTHOSH RESPONDENT: COMPLAINANT -------------------------- CIRCLE INSPECTOR OF POLICE, PALA POLICE STATION, REP. BY STATE OF KERALA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7757 OF 2009 ------------------------------------------------------ Dated this the 8th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.13 and 14 in Crime No.149 of 2009 of Kidangoor Police Station. 2. The offences alleged against the petitioners are under Sections 120B and 395 of the Indian Penal Code. 3. The date of occurrence was on 17.3.2009. The petitioners were arrested on 16.11.2009 and they are in judicial custody. 4. The prosecution case is that on 17.3.2009, the accused persons committed decoity. It is stated that the petitioners are members of a goonda gang of one Ayi Saji. Learned counsel for the petitioners submitted that the petitioners are not involved in any other case of similar nature. 5. Learned Public Prosecutor submitted that, after completing the investigation, charge sheet was filed on 22.12.2009. B.A. NO. 7757 OF 2009 :: 2 :: 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 fact that charge was laid in the case, I am of the view that bail can be granted to the petitioners on stringent conditions. 7. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Ettumanoor, subject to the following conditions: a) The petitioners shall report before the Station House Officer, Kidangoor Police Station on every Monday, until further orders; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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 ahz/