IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Bail Appl..No. 6171 of 2011 CRIME NO.633 OF 2011 OF CHENGANNUR POLICE STATION, ALAPPUZHA. PETITIONERS/ACCUSED A1- A2 ---------------------------------------------- 1. AJAYLAL @ KOCHUMON, AGED 30 YEARS, S/O.DAMODHARAN, KOONAM MODIYIL VEEDU, PENNUKKARA, VADAKKUMMURI, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. 2. AJI @ AJITHKUMAR, AGED 39 YEARS, S/O.DAMODHARAN, KOONAM MODIYIL VEEDU, PENNUKKARA, VADAKKUMMURI, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6171 OF 2011 ------------------------------------------------------ Dated this the 3rd day of August, 2011 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 and 2 in Crime No.633 of 2011 of Chengannur Police Station, Alappuzha District. 2. The offences alleged against the accused are under Sections 323, 324 and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 14.7.2011. The petitioners were arrested on 15.7.2011 and they were remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioners that in respect of an incident which occurred on the same day, Crime No.634 of 2011 was registered. It is also submitted that due to the BAIL APPL. NO.6171 OF 2011 :: 2 :: attack made by the accused in Crime No.634 of 2011, the first petitioner sustained a fracture. 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. 6. The petitioners shall be released on bail 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, Chengannur, 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; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; BAIL APPL. NO.6171 OF 2011 :: 3 :: 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/