IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 Bail Appl..No. 6095 of 2010(D) ----------------------------- (CMP.4656/2010 of J.M.F.C., HARIPAD CRIME NO.239/2010 OF KANAKAKUNNU POLICE STATION, ALAPPUZHA DISTRICT) .................... PETITIONERS(S)/ACCUSED --------------------------------- 1. SUBIRAJ, S/O.SATHEESAN, RENU SADANAM, PERINGALIPURAM NORTH MURI, BUDHANUR PANCHAYATH WARD VI, CHENGANNUR TALUK. 2. SANDYA, D/O.SATHEESAN, CHITHIRAVEEDU, MUTHUKULAM VILLAGE, KARTHIKAPALLY TALUK. BY ADV. SRI.RASHEED C. NOORANAD RESPONDENT(S): STATE/COMPLAINANT ----------------------------------------------- S.I. OF POLICE, KANAKAKUNNU POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ V. RAMKUMAR, J. * * * * * * * * * * * * * * * Bail Application No.6095 of 2010 * * * * * * * * * * * * * * * * * * * * DATED: 5th day of October, 2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners, who are accused Nos. 1 and 2 in Crime No.239/2010 of Kanakakunnu Police Station for an offence punishable under Sec.436 read with 34 I.P.C., seek their enlargement on bail. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody of the petitioners, the present stage of investigation and the other circumstances of the case etc., I am inclined to grant bail to the petitioners. Accordingly, the petitioners are directed to be released on bail with effect from 18.10.2010 on each of them executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- 1. The petitioners shall deposit before the Magistrate a sum of Rs.50,000/- (Rupees fifty thousand only) within one month from today towards the loss sustained by the de facto complainant. Bail Application No.6095 of 2010 2 2. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 3. The petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the police till the filing of the final report. 4. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 5. The petitioners shall not commit any offence while on bail. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE. dmb