IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 Bail Appl..No. 7927 of 2011(A) ----------------------------- CRIME No.568/2011 OF BEKAL POLICE STATION .................... PETITIONER/ACCUSEDNos.2, 4, 5, 6 & 8: ----------------------------------------------------------- 1. RATHEESH.V.V,AGED 30 YEARS,(A2) S/O.AMBADI,VANIYAMVALAPPU,BEVOORI,UDUMA, PADINHARU,UDUMA VILLAGE. 2. SUJITH.B,AGED 27 YEARS,(A4), S/O.KOTTAN,THAYATH HOUSE,BEVOORI ,UDUMA VILLAGE. 3. RAJNITH PARAPPURAM,AGED 26 YEARS,(A5), S/O.VELLUNGAN,THEKKEKARA HOUSE, UDUMA PALLAM,UDUMA VILLAGE. 4. RATHEESH.C @ GUMMAN RATHEESH, AGED 26 YEARS,(A6),S/O.NARAYANAN, KOTTAKKUNNU,BEVOORI,UDUMA VILLAGE. 5. SATHEESH.P.K,AGED 37 YEARS, (A8),S/O.KANNAN,BEVOORI,UDUMA PADINHARU, UDUMA VILLAGE. BY ADV. SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN SRI.K.M.HASHIR SRI.K.M.MUHAMMED HUSSAIN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM REPRESENTING S.H.O.BEKAL POLICE STATION, KASARAGOD DISTRICT. BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, JUDGE --------------------------------------- B.A.No.7927 of 2011 ---------------------------------------- Dated this the 3rd day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos. 2, 4, 5, 6 and 8 in Crime No. 568 of 2011 of the Bekal Police Station 2. The offence alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324, 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 12.9.2011. The petitioners were arrested on 15.9.2011 and they were remanded to judicial custody. Learned Public Prosecutor submitted that accused Nos. 2, 4 and 6 are involved in other cases as well. 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(each of them) executing bond for Rs. 25,000/- (Rupees Twenty five B.A.No.7927 of 2011 2 thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, 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, 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. Sd/- K.T.SANKARAN, JUDGE rkc //True copy// PA to Judge