IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 Bail Appl..No. 9839 of 2011 CRIME NO.617 OF 2011 OF MALAPPURAM POLICE STATION PETITIONER/ACCUSED NOS. 2 & 3 ------------------------------------------------- 1. ANTU,AGED 38 YEARS,S/O.DEVASYA, MALIYEKKAL HOUSE,CHEMBUCHIRA.P.O, KORAYAPPACHAL. 2. DAYSON,AGED 30 YEARS,S/O.LONAPPAN, MALIYEKKAL HOUSE,CHEMBUCHIRA.P.O, KORAYAPPACHAL. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW SRI.PETER C.CHEMMALAKUZHY RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, MALAPPURAM POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9839 OF 2011 ------------------------------------------------------ Dated this the 9th day of December, 2011 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.617 of 2011 of Malappuram Police Station. 2. The offence alleged against the accused is under Section 399 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 19.11.2011 at 2.30 A.M., five persons were found in a car parked near Mankada Service Co- Operative Bank. On seeing the police, two of them ran away. Three persons including the petitioners were arrested. On search of the vehicle, iron pipes, chilly powder, torch, gloves, stickers showing the numbers of vehicles etc. were found. 4. The petitioners are in judicial custody since 19.11.2011. It is stated in the First Information Statement that the accused are BAIL APPL. NO.9839 OF 2011 :: 2 :: involved in several other crimes. Learned Public Prosecutor submitted, on instructions, that the petitioners are not involved in any other case. 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, however, only with effect from 19.12.2011. 6. The petitioners shall be released on bail only on 19.12.2011 on their executing bond for Rupees Twenty five thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Malappuram, 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; BAIL APPL. NO.9839 OF 2011 :: 3 :: 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 ahz/