IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Bail Appl..No. 1042 of 2010() --------------------------------- CRIME NO. 140/2010 OF KANNUR TOWN POLICE STATION .................... PETITIONER/ACCUSED : ----------------------------- 1. SHAJITH.K.S/O.VINOD KUMAR, AGED 27 YEARS, MAROLI HOUSE, NEAR CHAITHANYA HOSPITAL, KANNUR. 2. RATHEESHAN T.K., S/O.JAYARAMAN, AGED 28 YEARS, SREESHOBHANAM, KARUVA, KANNUR. 3. SHARATH P., S/O.PRABHAKRAN, AGED 26 YEARS, SEETHAS, THALIKAVU, KANNUR. 4. T.P.JIJIL, S/O.CHANDRAN, AGED 26 YEARS,PALLIKKUNNU AMSOM, KANNUR. BY ADVS. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA SRI.ANEESH JOSEPH RESPONDENT/STATE: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,KOCHI-31. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1042 of 2010 ------------------------------------ Dated this the 25th 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 respectively accused Nos.1,6, 7 and 2 in Crime No.140/2010 of Kannur Town Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 324, 326 and 308 read with Section 149 of the Indian Penal Code. 3. Accused Nos.1 and 6 were arrested on 29/1/2010 and accused No.7 was arrested on 4/2/2010. Accused No.2 surrendered before court on 10/2/2010. 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 bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial B.A. No. 1042/2010 2 Magistrate of the First Class-1, 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 surrender their passports before the Court of the Judicial Magistrate of the First Class-I, Kannur within one week. If any one of the petitioners does not hold an Indian Passport, an affidavit to that effect, sworn to by him shall be filed before the learned Magistrate within one week; 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