IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 Bail Appl..No. 5367 of 2009() --------------------------------------- CRIME NO.402/2009 OF VARAPPUZHA POLICE STATION. .................... PETITONERS/ACCUSED: ----------------------------------- 1. MIDHUN,AGED 21 YEARS, S/O.CHANDRAMOHAN,RESIDING AT VATTATHARA HOUSE, CHARIYAMTHURUTH,KADAMAKKUDY VILLAGE, ERNAKULAM DISTRICT. 2. DIVINE @ KUTTAPPY,AGED 24 YEARS, S/O.MOHANAN,VITHAYATHIL HOUSE,CHARIYAMTHURUTH, KADAMAKKUDY VILLAGE,ERNAKULAM DISTRICT. 3. ANTONY AJI DESILVA,AGED 28 YEARS, S/O.AUGUSTINE DESILVA,CHETTIVALAPPIL HOUSE, CHARIYAMTHURUTH,KADAMADDUDY VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.T.P.SANTHOSH KUMAR RESPONDENTS/COMPLAINANT: -------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION,HIGH COURT OF KERALA,ERNAKULAM. 2. STATE OF KERALA REPRESENTELD BY C.I.OF POLICE,NORTH PARAVUR,POLICE STATION, ERNAKULAM DISTRICT. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5367 of 2009 ------------------------------------ Dated this the 1st day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.2,3 and 4 in Crime No. 402/2009 of Varappuzha Police Station. 2. The offences alleged against the petitioners are under Sections 323, 324, 307 and 302 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 12/7/2009. Accused Nos.2 and 3 were arrested on 15/7/2009, while accused No.4 was arrested on 14/7/2009. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor and also perused the Case Diary. The fatal injuries sustained by the deceased were caused by the first accused, according to the prosecution. The allegation against the petitioners are mainly attributable to the injuries sustained by the defacto complainant. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 5367 /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 a bond for Rs. 50,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, North Paravur 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 enter into the limits of Varappuzha Police Station for a period of month. 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 scm