IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 Bail Appl..No. 6574 of 2009 CRIME NO.733 OF 2009 OF VALAPATTANAM POLICE STATION, KANNUR PETITIONERS: ACCUSED NOS.1 & 2: -------------------- 1. JINACHANDRAN, AGED 32 YEARS, S/O. KARUNAKARAN, PALATH MUNDACHALIL HOUSE, AZHIKODE SOUTH P.O., KANNUR. 2. SHYJU, AGED 32 YEARS, S/O. SREEDHARAN, ANCHUKANDY, AZHIKODE SOUTH, KANNUR. BY ADV. SRI.M.T.SURESHKUMAR RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6574 OF 2009 ------------------------------------------------------ Dated this the 11th day of November, 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.1 and 2 in Crime No.733 of 2009 of Valapattanam Police Station, Kannur District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 324, 326, 427 and 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 20.9.2009. The first accused was arrested on 21.9.2009 and he was produced before Court on 22.9.2009. The second accused was arrested on 24.9.2009. Both the accused were remanded to judicial custody. 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 B.A. NO. 6574 OF 2009 :: 2 :: 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/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Kannur, 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 ahz/