IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Bail Appl..No. 9246 of 2011 CRIME NO.315 OF 2011 OF PAYYAVOOR POLICE STATION, KANNUR DIST. PETITIONERS: ACCUSED 2 - 4 --------------------------------- 1. SHIBU, S/O. KURIAN, AGED 25 YEARS, KOCHUPURAYIL HOUSE, VEMBUVA, PAYYAVOOR.P.O, PAYYAVOOR AMSOM DESOM TALIPARAMBA TALUK, KANNUR DISTRICT. 2. JINEESH, S/O. JOSEPH, AGED 28 YEARS, KOCHUPURAYIL HOUSE, VEMBUVA, PAYYAVOOR.P.O, PAYYAVOOR AMSOM DESOM TALIPARAMBA TALUK, KANNUR DISTRICT. 3. MAJESH, S/O. KURUVILA, AGED 23 YEARS, KEERINJAMAKKEL HOUSE, PAYYAVOOR.P.O, PAYYAVOOR AMSOM DESOM, TALIPARAMBA TALUM, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI AND SRI.J.ABHILASH RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, THROUGH S.H.O, PAYYAVOOR POLICE STATION, KANNUR - 670 633. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9246 OF 2011 ------------------------------------------------------ Dated this the 15th day of November, 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.2 to 4 in Crime No.315 of 2011 of Payyavoor Police Station, Kannur District 2. The offences alleged against the accused are under Sections 294(b), 341, 323, 324, 427 and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 30.10.2011. The petitioners were arrested on 31.10.2011. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the wound certificates. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BAIL APPL. NO.9246 OF 2011 :: 2 :: 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, Thaliparamba, 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 ahz/