IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Bail Appl..No. 2941 of 2009() ----------------------------- CRIME NO. 339/2009 of KASARAGOD POLICE STATION PETITIONERS/ACCUSED:- 1. K.RATHEESH @ RATHI, AGED 27 YEARS, S/O.KUNHIKRISHNAN, RAHMATH NAGAR, OLIYATHADUKKA, MADHOOR VILLAGE. 2. T.R.ABHILASH @ ABHI, AGED 19 YEARS, BLUE MOON QUARTERS, OLIYATHADUKKA, MADHOOR VILLAGE 3. V.PRAMOD, AGED 23 YEARS, S/O.GANGADHARAN, ORKKATHOTTI, OLIYATHADUKKA, MADHOOR VILLAGE. 4. BIJU @ VIJAYAKUMAR P., AGED 27 YEARS, S/O.BABU, CHENAKOD, MADHOOR VILLAGE. 5. T.V.SAJITH, AGED 22 YEARS, S/O.VIJAYARAJ, THATTARATH HOUSE, MAVUNKAL MOOLA, MADHOOR VILLAGE. BY ADV. MR. T.G.RAJENDRAN RESPONDENTS/ COMPLAINANT/STATE:- 1. THE SUB INSPECTOR OF POLICE, KASARAGODE POLICE STATION. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2941 of 2009 ------------------------------------ Dated this the 5th day of June, 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 to 5 in Crime No. 339/2009 of Kasaragode Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 153 (A), 341, 323, 324, 307 read with Section 149 of the Indian Penal Code. 3. The learned counsel for the petitioner submitted that the case was registered as counter blast to Crime No.340/2009 in which the petitioners suffered serious injuries. It is also submitted that the defacto complainant and others in the present case are the aggressors. The counsel for the petitioner also pointed out that in Crime No.340/2009, the accused persons are not arrested so far. The petitioners surrendered before the investigating officer on 13/05/2009 and they are in judicial custody since 14/05/2009. 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 B.A. No. 2941/2009 2 petitioners. 5. The petitioners shall be released on bail on their executing a bond for Rs. 50,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod 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