IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 Bail Appl..No. 6278 of 2011() ----------------------------- CMP.5314/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.764/2011 OF HOSDURG POLICE STATION, KASARAGOD .................... PETITIONERS/ACCUSED 1,3,4,6,9 AND 10 -------------------------------------------------------- 1. SUDHIN KUMAR K.V., AGED 21 YEARS, (A1) S/O.MADHUSUDANAN, PUTHIYAVALAPPIL HOUSE, CHEDI ROAD, PUDUKAI VILLAGE, UPPILIKAI.P.O. 2. AKHIL, AGED 22 YEARS, (A3) S/O.VASANTHAN, CHATHURAKKINAR, PUTHUKAI VILLAGE, UPPILIKAI.P.O. 3. GIRISH.N.V., AGED 26 YEARS, (A4) S/O.KUMARAN, KUNNIKKUNNIL HOUSE, CHATHURAKKINAR, PUTHUKAI VILLAGE. 4. K.T.BIJU, AGED 28 YEARS, (A6) S/O.NARAYANAN, MANDALAM HOUSE, CHEDI ROAD, PUTHUKAI VILLAGE. 5. UMESHAN.N.V., AGED 25 YEARS (A9) S/O.N.V.KRISHNAN, CHATHURAKKINAR. 6. GANESHAN.M., AGED 27 YEARS, (A10) S/O.MOOLAPPALLI KANNAN, MANDALAM HOUSE, CHEDI ROAD, PUTHUKAI VILLAGE. BY ADV. SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN Bail Appl..No. 6278 of 2011() RESPONDENT): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.H.O. HOSDURG POLICE STATION, KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6278 of 2011 ---------------------------------------------- Dated this the 22nd day of August, 2011 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, 9 and 10 in Crime No.764 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 326 and 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 13/07/2011. Accused No.1 was arrested on 16/07/2011. The other petitioners surrendered before court on 20/07/2011. They were remanded to judicial custody. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners. Bail Appln.No.6278/2011 : 2 : 6. The petitioners shall be released on bail on their executing bond for `25,000/-(Rupees Twenty five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Hosdurg, 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 skj