IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 Bail Appl..No. 763 of 2011() ---------------------------- (CRIME NO.762/2010 OF THENMALA POLICE STATION, KOLLAM DISTRICT CC NO.2 OF 2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT) ----- PETITIONER/ACCUSED NOS 1 & 3 ------------------------------------------------ 1. SHAJUDEEN @ MUJEEB, AGED 24 YEARS, S/O.SALIM, CHARUVILA PUTHEN VEEDU, OTTAKKAL DESAM, THENMALA VILLAGE, KOLLAM DISTRICT. 2. SANTHOSH, AGED 30 YEARS, S/O.SEBASTIAN CANAL PURAIDATHIL KOCHU VEEDU, UDAYA MARTHANDAPURAM CHERI, MUNDAKKAL VILLAGE KOLLAM. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT: -------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, THENMALA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - B.A. No. 763 of 2011 - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2011. O R D E R In this Petition filed under Section 439 Cr.P.C., the petitioners, who are accused Nos.1 and 3 in Crime No.762 of 2010 of Thenmala Police Station for an offence punishable under Section 379 r/w Section 34 I.P.C., seek their enlargement on bail. The petitioners were arrested on 11.11.2010. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioners, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the petitioners. Accordingly, the petitioners are directed to be released on bail w.e.f 14.02.2011 on their executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions: B.A. No. 763/2011 : 2: 1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioners shall not enter the limits of Kollam District until further orders to be passed by the court concerned except for the purpose of complying with condition No.1. 3. The petitioners shall make themselves available for interrogation as and when required by the police at any time till the filing of the final report. 4. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 5. The petitioners shall not commit any offence while on bail. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE. rv