IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 Bail Appl..No. 3992 of 2009 CRIME NO.636 OF 2009 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA PETITIONERS/ACCUSED 1 TO 6: ----------------------------------------------- 1. BINU, S/O.GOPI, MOOLAYIL HOUSE, NADUVILECHIRAMURI, KAVUMBHAGOM. 2. BIJU, S/O.KRISHNAPILLAI, KURATHOOR HOUSE, CHALAKKUZHY MURI, KAVUMBHAGOM. 3. BINU, S/O.JOHN, MULAMOOTTIL HOUSE, NADUVILECHIRAMURI, KAVUMBHAGOM. 4. SIBY T.ALEXANDER, S/O.ALEXANDER THEKKE MATHILINKAL HOUSE, MANNAMKARACHIRA MURI, MAVUMBHAGOM. 5. BIJU.P.VARGHESE, S/O.VARGHESE, PERUMPALATHINKAL HOUSE, MANNAMKARACHIRA MURI, KAVUMBHAGOM. 6. SANTHOSH.K.GEORGE, S/O.GEEVARGHESE MATHAI, KANAKKATT HOUSE, MANNAMKARACHIRA MURI, KAVUMBHAGOM. BY ADV. SRI.T.P.PRADEEP RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3992 OF 2009 ------------------------------------------------------ Dated this the 23rd July, 2009 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.1 to 6 in Crime No.636 of 2009 of Thiruvalla Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 332 and 308 read with Section 149 of the Indian Penal Code. 3. Accused Nos.2 and 3 were arrested on 5.7.2009, the date of occurrence itself. The other accused persons were arrested on 6.7.2009. They are in judicial custody. 4. 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. B.A. NO. 3992 OF 2009 :: 2 :: 5. 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, Thiruvalla, 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/