IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 Bail Appl..No. 5935 of 2009 CRIME NO.273 OF 2009 OF KURAVILANGADU POLICE STATION PETITIONER/ACCUSED NOS.2 AND 5 -------------------------------------------------- 1. JOBIN JACOB @ KANNAN,S/O.CHACKO, VATTAPARAMBIL VEETTIL, KANAKKARY VILLAGE, KANAKKARY KARA, PATTITHANAM BHAGOM. 2. MANU JOSEPH S/O. JOSEPH, CHETTAPURAM VEETTIL, KANKKARY VILLAGE, KANAKKARY KARA, PATTITHANAM BHAGOM. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,KOCHI. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/10/2009, ALONG WITH BA NO.5936 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS. 5935 & 5936 OF 2009 ------------------------------------------------------ Dated this the 15th day of October, 2009 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure. B.A.No.5935 of 2009 is filed by accused Nos.2 and 5 and B.A.No.5936 of 2009 is filed by accused Nos.1, 3 and 4 in Crime No.273 of 2009 of Kuravilangad Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 324, 212 and 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 3.9.2009. Accused Nos.1, 2, 3 and 5 were arrested on 17.9.2009 while the fourth accused was arrested on 22.9.2009. The petitioners are in judicial custody. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the case diary. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. NOS.5935 & 5936 OF 2009 :: 2 :: 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. 6. 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, Pala, 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, 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 ahz/