IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 4834 of 2009() ------------------------------------------ (CRIME NO.320/2009 OF VALAPATANAM POLICE STATION,KANNUR DIST.) PETITIONERS:ACCUSED: --------------------------------------- 1. ARUN, S/O SOMASUNDARAN, AGED 28 YEARS, PARAPURATH HOUSE, A.K.G.ROAD, P.O.CHIRAKKAL, KANNUR. 2. K.DHANESH, S/O BALAKRISHNAN, AGED 36 YEARS, KALLAN HOUSE, P.O.CHIRAKKAL, KANNUR. 3. R.MADHU, S/O KARUVAN, THAYYIL HOUSE, AGED 28 YEARS, P.O.CHIRAKKAL, KANNUR. 4. ULLASAN, S/O BALAKRISHNAN, AGED 38 YEARS, KALLAN HOUSE, P.O.CHIRAKKAL, KANNUR. 5. REMESH BABU, S/O SANKARAN, AGED 51 YEARS, THANAL, A.K.G.ROAD, P.O.CHIRAKKAL, KANNUR. BY ADV. MR.SOJAN MICHEAL RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA,(S.H.O. VALAPATANAM POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 4834 of 2009 ------------------------------------ Dated this the 26th day of August, 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.1 to 5 in Crime No. 320/2009 of Valapattanam Police Station, Kannur. 2. The offences alleged against the petitioners are under Sections 143, 147, 452, 427and 380 read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. 3. Accused Nos.3 was arrested on 18/06/2009 and other accused surrendered before the court on 24/06/2009.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. 5. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties B.A. No. 4834 / 2009 2 each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kannur 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 scm