IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 Bail Appl..No. 7680 of 2009() ----------------------------- L.P.C.NO.13/08 IN THE FILE OF ADDL. SESSIONS COURT, VATAKARA PETITIONERS(S): ACCUSED 1 & 2 --------------------------------- 1. PRAMOD, S/O. NANU, AGED 30, VALLACHALIL.P.O, KOROTH ROAD, VATAKARA. 2. SURESH, S/O. KUNHIKANNAN, AGED 30, VAMMERRY HOUSE, P.O. CGOMBALA, VATAKARA. BY ADV. SRI.K.S.MADHUSOODANAN RESPONDENT(S): COMPLAINANT & FORMAL PARTY ----------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, EDACHERI POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7680 of 2009 --------------------------------------------- Dated this the 23rd day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in L.P.C.No.13 of 2008 on the file of the court of the Additional District & Sessions Judge, Vadakara. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323 and 308 read with Section 149 of the Indian Penal Code. 3. The petitioners were accused Nos.1 and 2 in Sessions Case No.810 of 2005 on the file of the court of the Additional District & Sessions Judge, Vadakara. Since the petitioners did not appear before court, the case against them was split up. As per Annexure I judgment dated 28.8.2008, accused Nos.3, 4, 5 and 7 were acquitted. Accused No.6 died in the meanwhile and therefore, the case against him abated. 4. The petitioners came back to India and surrendered before court on 14.12.2009. They moved for bail. As per the order dated 14th December, 2009, the Additional District & BA No.7680/2009 2 Sessions Judge, Vadakara dismissed the Bail Application. 5. It is submitted that the petitioners are prepared to comply with any condition that may be imposed by the court. The counsel states that the petitioners are prepared to co-operate with the trial and that they undertake not to go abroad before completion of the trial and pronouncement of judgment. It is also submitted that the petitioners are prepared to appear before court on all the posting dates. 6. 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 undertaking made by the petitioners as mentioned above, I am of the view that bail can be granted to the petitioners. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the court of the Additional Sessions Judge, Vadakara, subject to the following conditions: a) The petitioners shall surrender their passports before the court of the Additional Sessions Judge, Vadakara; b) The petitioners shall not leave the State of Kerala until completion of the trial; BA No.7680/2009 3 c) The petitioners shall appear before court on all the posting dates without fail except in any circumstance which the court considers justifiable; 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 csl