IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Bail Appl..No. 8496 of 2011() ----------------------------- CRIME NO.567/2011 OF BEKAL POLICE STATION PETITIONERS : ACCUSED NOS.2, 3, 5 AND 7 ------------------------------------------------- 1. SUJI @ SUJITH B, AGED 27 YEARS,(A2) S/O.KOTTAN,THAZHATHE HOUSE, BEVOORO,UDUMA VILLAGE. 2. UMESHAN K, AGED 32 YEARS 9A30, S/O.KUNHIKANNAN, KANNANKULANGARA HOUSE, UDUMA,UDUMA VILLAGE 3. BABU @ SURESHBABU C, AGED 27 YEARS (A5),S/O.RAJU, KIZHAKKE THOPPIL HOUSE, BEVOOR,UDUMA VILLAGE. 4. RATHEESH V.V @ BHATTYAN RATHEESH, AGED 30 YEARS,(A7) S/O.AMBADI,VANIYAM VALAPPIL HOUSE, BEVOORI,UDUMA VILLAGE. BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING S.H.O. BEKAL POLICE STATION, KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.T.K.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON 19/10/2011 PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8496 of 2011 --------------------------- Dated this the 19th day of October, 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.2, 3, 5 and 7 in Crime No.567 of 2011 of Bekal Police Station, Kasaragod. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 324, 326, 308 and 153A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 12.9.2011 at 2.30 P.M., the accused persons attacked the de facto complainant and his friends with iron rods resulting in serious injuries to them. It is also alleged that the accused persons uttered words promoting communal hatred. 4. Bail Application No.7919 of 2011 filed by the BA 8496/11 2 petitioners was dismissed by the order dated 3rd October, 2011. Investigation has progressed thereafter. 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. 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 Class-II, Hosdurg, 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 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; BA 8496/11 3 C) The petitioners shall surrender their passports before the court of the Judicial Magistrate of the First Class-II, Hosdurg. If the petitioners do not have any passport, an affidavit sworn to by them to that effect shall be filed before the learned Magistrate; 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