IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 Bail Appl..No. 143 of 2010() ------------------------------------- CRMP.11255/2009 of J.M.F.C.-I, PUNALUR CRIME NO.637/2009 OF THENMALA POLICE STATION, KOLLAM. .................... PETITIONERS/ACCUSED: ------------------------------------- 1. KRISHNA RAJ AGED 28 YEARS, S/O. ARUMUKAM HOUSE NO.10/1/138 VANNATHIPPARA STREET, MEKKARA MURI, ACHANPUTHOOR VILLAGE, CHENKOTTA. 2. MAHESH AGED 21, S/O. RAHENDRAN, KARUPPAN COLONY, MEKKARA MURI, ACHANPUTHOOR VILLAGE, CHENKOTTA. BY ADV. SRI.S.SREEKUMAR RESPONDENT/COMPLINANT: --------------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM SRI. AMJAD ALI, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 143 of 2010 ------------------------------- Dated this the 15th day of January, 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.2 and 3 in Crime No.637/2009 of Thenmala Police Station, Kollam. 2. The offences alleged against the petitioners are under Sections 143, 147 and 367 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 22/12/2009. The petitioners were arrested on 23/12/2009. The prosecution case is that on 22/12/2009, the vehicle driven by the first accused met with a minor accident. There was some altercations at the place on account of the accident. The father of the victim in the present case questioned the acts of the accused. At that time, the accused tried to manhandle him. The victim in the present case tried to rescue his father. At that time, the accused persons abducted the victim, took him in the vehicle and abandoned at a distant place. It is also alleged that he was B.A. No. 143 /2010 2 manhandled by the accused. 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 on stringent conditions. 5. The petitioners shall be released on bail on their executing a bond for Rs. 50,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Punalur subject to the following conditions:- A) The petitioners shall produce the electoral identity card or any other reliable documents to prove their identity and correct address before the court of the Judicial Magistrate of the First Class-I, Punalur. B) The petitioners shall report before the Investigating Officer between 9 A.M. and 11 A.M. on every Monday, till the final report is filed or until further orders. C) The petitioners shall appear before the Investigating Officer for interrogation as and when required. B.A. No. 143 /2010 3 D) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. 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 scm