IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 Bail Appl..No. 762 of 2010 CRIME NO.7 OF 2010 OF KUNNAMKULAM POLICE STATION, THRISSUR PETITIONERS/ACCUSED 1 & 3 --------------------------------------------- 1. SINISH, S/O.VELAYUDHAN, CHOONDALI HOUSE, KIZHOOR DESOM, KUNNAMKULAM, THRISSUR DISTRICT. 2. DINISH, S/O.VELAYUDHAN, EARATH HOUSE, KIZHOOR DESOM, KUNNAMKULAM, THRISSUR DISTRICT. BY ADV. SRI.RAJIT SRI.M.L.SURESH KUMAR SRI.V.V.JOY SRI.P.ANOOP (MULAVANA) RESPONDENT: STATE -------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 762 OF 2010 ------------------------------------------------------ Dated this the 10th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 3 in Crime No.7 of 2010 of Kunnamkulam Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324 and 308 read with Section 149 of the Indian Penal Code. 3. The learned Magistrate granted bail to the petitioners as per the order dated 12.1.2010 on certain conditions. One of the conditions was that the petitioners shall not commit similar offences while on bail. 4. Alleging that the petitioners have violated the conditions and committed a similar offence while on bail, the de facto complainant filed an application before the learned Magistrate for cancellation of bail. By the order dated 27.1.2010, the learned B.A. NO. 762 OF 2010 :: 2 :: Magistrate cancelled the bail. The reason for cancellation of bail is that the petitioners are involved in Crime No.60 of 2010. 5. In Crime No.60 of 2010 of Kunnamkulam Police Station, the petitioners are accused Nos.3 and 4. They were granted bail by this Court as per the order dated 5.2.2010. It is also submitted by the learned counsel for the petitioners that the incidents in Crime Nos.60 of 2010 and 59 of 2010 allegedly occurred on the same date, namely, on 17.1.2010. It is also submitted that in Crime No.59 of 2010, the de facto complainant in Crime No.60 of 2010 is an accused. The learned counsel submitted that the petitioners are students and there were differences of opinion and clashes between two students' organisations. The learned counsel also cited the decision in Manoj Kumar v. State of Kerala (1990 (1) KLT 120) and submitted that in the peculiar facts and circumstances of the case, in spite of the order passed by the learned Magistrate cancelling bail, the Bail Application can be considered by this Court, since the petitioners are in judicial custody. 6. Taking into account the peculiar facts and circumstances of the case and also taking into account the fact that the petitioners are B.A. NO. 762 OF 2010 :: 3 :: students, I am of the view that bail can be granted to the petitioners on stringent conditions. 7. 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, Kunnamkulam, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Sundays and Wednesdays, 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/