IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Bail Appl..No. 5886 of 2009() --------------------------------------- CRIME NO.242/2009 OF PANOOR POLICE STATION. ......... PETITIONERS (S) /ACCUSED 2 TO 4 ------------------------------ 1. MOTTEN THARAMMAL DHANEESH,S/O.KUMARAN, MOTTEN THARAMMAL HOUSE,MOKERI AMSOM DESOM. 2. THUNDI THAYYULLATHIL SAYOOJ,S/O.ANANDAN, THUNDIYULLATHIL HOUSE,MOKERI AMSOM DESOM. 3. CHATHAMBALLI DIPEESH,S/O.DAMU, CHATHAMVALLI HOUSE,MOKERI AMSOM DESOM. BY ADV. MR.P.V.SURENDRANATH RESPONDENT(S): ------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR MR.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 5886 of 2009 ------------------------------------ Dated this the 14th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.2,3 and 4 in Crime No. 242/2009 of Panoor Police Station, Kannur. 2. The offences alleged against the petitioners are under Section 399 of the Indian Penal Code and Section 25(1) of the Arms Act. 3. The prosecution case is that on 20/8/2009 at 1 A.M., the accused persons were found in suspicious circumstances on the side of a road at Panoor. Accused No.1 was arrested on the spot. It is alleged that other accused persons ran away. The petitioners surrendered before the court on 9/9/2009 and they were remanded to judicial custody. 4. As per the order dated 12/10/2009 in B.A. No.5831/2009, bail was granted to accused No.1. 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 B.A. No. 5886/ 2009 2 petitioners. 6. The petitioners shall be released on bail on their executing a bond for Rs. 15,000/- each with two solvent sureties each for the like amount to the satisfaction of the Additional Chief Judicial Magistrate, Thalassery 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. 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 scm