IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 Bail Appl..No. 8171 of 2011 CRIME NO.983 OF 2011 OF HOSDURG POLICE STATION, KASARAGOD. PETITIONER: ACCUSED NOS.2 & 3 ------------------------------------- 1. SUDHEESH K,AGED 28 YEARS, S/O.BALAKRISHNAN,MOOVARIKKUNDU, KANHANGAD SOUTH,KANHANGAD VILLAGE, KASARGOD DISTRICT. 2. RAJEEVAN M,AGED 27 YEARS, S/O.P.KUNHIRAMAN,MOOVARIKKUNDU, KANHANGAD SOUTH,KANHANGAD VILLAGE, KASARGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT: STATE -------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8171 OF 2011 ------------------------------------------------------ Dated this the 12th day of October, 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 and 3 in Crime No.983 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 323, 324, 427 and 307 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 22.9.2011. The petitioners were arrested on 24.9.2011 and they are in judicial custody. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. BAIL APPL. NO.8171 OF 2011 :: 2 :: 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 I, Hosdurg, 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; BAIL APPL. NO.8171 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/