IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 Bail Appl..No. 5742 of 2011() ----------------------------- CMP.3085/2011 of J.M.F.C-I., HARIPAD .................... PETITIONERS: -------------------- 1. RAMACHANDRAN,AGED 42 YEARS, S/O.CHERUKAN, VAZHANKERIL VEETTIL, KARUVATTA VADAKKU MURI, KARUVATTA VILLAGE, 2. SURENDRAN , AGED 44 YEARS, S/O.CHRUKAN, VAZHANKERIL VEETTIL, KARUVATTA VADAKKU MURI, KARUVATTA VILLAGE, 3. MANJU, AGED 34 YEARS, W/O.RAMANCHANDRAN, VAZHANKERIL VEETTIL, KARUVATTA VADAKKU MURI, KARUVATTA VILLAGE, 4. SHOBHA, AGED 34 YEARS, D/O.KUNJAMMA,RAHUL BHAVAN, KARUVATTA VADAKKU MURI, KARUVATTA VILLAGE, 5. KOZHUMOL, AGED 42 YEARS, W/O.SURENDRAN, VAZHANKERIL VEETTIL KARUVATTA VADAKKU MURI, KARUVATTA VILLAGE, BY ADV. SRI.K.HARILAL SRI.R.GOPAN RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 2. SUB INSPECTOR OF POLICE, HARIPAD POLICE STATION BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN F INALLY HEARD ON 21/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.5742 OF 2011 --------------------------------- Dated this the 21st day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused Nos.1 to 5 in Crime No.497 of 2011 of the Haripad Police Station. 2.The offences alleged against the petitioners are under Sections 323, 324 and 308 read with 34 of the Indian Penal Code. 3.The date of occurrence was on 2.7.2011 at 8.10 P.M. The petitioners were arrested on 4.7.2011. It is submitted that in respect of an incident which took place at 8 P.M on 2.7.2011, another crime was registered as Crime No.496 of 2011 in which the defacto complainant is the first accused. B.A.No.5742 OF 2011 2 4.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. 5.The petitioners shall be released on bail on their executing bond for Rs.25,000/- (Rupees Twenty five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Haripad, subject to the following conditions: A) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M on the 1st Monday of every month, 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. B.A.No.5742 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 cms