IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Bail Appl..No. 4599 of 2009() ----------------------------- CRIME NO.60/2009 OF CBCID, KANNUR PETITIONERS/ACCUSED 1, 3, 4, 6, 13, 14, 15 AND 16 ----------------------------------------------------------------------- 1. CHERIYAKKADAVAN SREEJITH, S/O. SREEDHARAN, AGED 23 YEARS, PUTHIYAPARAMBU VEEDU, CHAVASSERY AMSOM, ULIYIL DESOM,KALANTHODU, KANNUR DISTRICT. 2. CHENNIPPARAMBATH SREEJITH @ KUCHU, S/O.GOVINDAN, AGED 25 YEARS, PANAMBACHAL HOUSE,CHAVASSERY AMSOM, KALANTHODU, KANNUR DISTRICT. 3. PUTHUSSERY SHIJIL @ KUTTAN,S/O.MOHANAN, AGED 20 YEARS,KANDYAN HOUSE,THILLANKERY AMSOM, PADIKKACHAL DESOM, KANNUR DISTRICT 4. VACHAKKIL SAJESH,S/O. S/O. SADANANDAN, 20 YEARS,PUTHUKKUDI HOUSE, KOLARI AMSOM, AND DESOM, KANNUR DISTRICT. 5. VELLUVAKKANDI JIJESH @ KUTTAN, S/O.RAJAN,AGED 20 YEARS,PUTHUKKUDI HOUSE, KOLARI AMSOM AND DESOM, KANNUR DISTRICT. 6. VAYALAMBRON SAJITH, S/O. JINACHANDRAN, PALATHANKADAVU HOUSE,THILLANKERI AMSOM DESOM, MUNDACHAL, KANNUR DISTRICT. 7. VELLUVAKANDI ANOOP,S/O.ASOKAN, SREEMANGALATH PUTHEN VEEDU, CHAVASSERY AMSOM, VELAPOYIL, KANNUR DISTRICT. 8. SAJESH KUNJIPARAMBATH,S/O. SREDHARAN, KUNJIPARAMBATH HOUSE,CHAVASSERY AMSOM, THALACHANGAD, KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS BA 4599/09 RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUPERINTENDENT OF POLICE, CBCID, KANNUR. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4599 of 2009 --------------------------------------------- Dated this the 20th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 3, 4, 6, 13, 14, 15 and 16 in Crime No.60 of 2009 of CBCID, Kannur. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 324, 120B, 307 and 302 read with Section 149 of the Indian Penal Code. 3. The incident was on 26.4.2009. One person died in the incident and another person was seriously injured. Accused Nos.13 and 16 were arrested on 13.5.2009, accused Nos.14 and 15 were arrested on 27.5.2009 and accused Nos.1, 3, 4 and 6 were arrested on 19.6.2009. 4. The final report is not filed so far. It is submitted by the learned public prosecutor that the complicity of the petitioners have already been confirmed by the investigating officer. However, it is to be verified whether some of the accused, who are named in the FIR, were really involved in the BA No.4599/2009 2 offence. 5. Learned counsel for the petitioners submitted that if the petitioners are released on bail, they are prepared to comply with any condition that may be imposed by the court. 6. 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 on stringent conditions. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Mattannur, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Friday, 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 the limits of Mattannur Police Station for a period of two months except for complying with conditions (a) and (b). d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; BA No.4599/2009 3 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