IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Bail Appl..No. 1556 of 2010() ----------------------------- CRIME NO.301/2010 OF PUNALUR POLICE STATION, KOLLAM DISTRICT PETITIONER/ACCUSED -------------------------------------- 1. SADIKH, S/O. NAZAR, MANGALATHU VEEDU (FOR RENT), NEAR SIVANKOVIL, PUNALUR, THAZHATHIL VEEDU, MANTHRAMMUKKU, CHEMMANTHOOR WARD, PUNALUR VILLAGE. 2. ANEESH, S/O. HANEEFA, VALUTHUNDIL VEEDU, NEAR RADIOPARK, CHALAKKODU MURI, PUNALUR VILLAGE. 3. JUBIL, S/O. JAMAL, CHARIPURATHU PUTHEN VEEDU, CHALAKKODU MURI, PUNALUR VILLAGE. 4. SAMEER, S/O. SALIM, MASTER HOUSE (FOR RENT), THENGUMTHARA VEEDU, RAILWAY STATION WARD, PUNALUR VILLAGE. 5. NISSAM, S/O. THAJUDEEN, RASHEED MANZIL, MARKET WARD, PUNALUR VILLAGE. BY ADV. SRI.R.SURAJ KUMAR SRI.N.AJITH RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1556 of 2010 --------------------------------------------- Dated this the 22nd day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 5 in Crime No.301 of 2010 of Punalur Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The date of occurrence was on 2.3.2010. The petitioners were arrested on 2.3.2010 itself. They are in 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 offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. The petitioners shall be released on bail on their executing BA No.1556/2010 2 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-III, Punalur, 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 and Thursdays for a period of two months and thereafter 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 csl