IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 Bail Appl..No. 440 of 2011(B) ---------------------------------------- [CRIME NO.604/2010 OF THE CHERPULASSERY POLICE STATION, PALAKKAD DISTRICT] .................... PETITIONERS/ACCUSED NOS. 5 AND 6: -------------------------------------------------------- 1. ASSANAR ALIAS ASSAN, AGED 40 YEARS, S/O.HAMSA, CHAKKUMKULAM VEEDU, CHALAVARA, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. ABU TAHIR, AGED 21 YEARS, S/O.MOHAMMED, PALATHINGAL VEEDU, ELIYAPATTA, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SUNNY MATHEW. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, CHERPULASSERY POLICE STATION, PALAKKAD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682 031. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. RAMKUMAR, J. -------------------------------------------------- Bail Application No.440 of 2011 --------------------------------------------------- Dated this the 25th day of January, 2011 ORDER In this Petition filed under Section 439 Cr.P.C., the petitioners, who are accused Nos.5 & 6 in Crime No.604 of 2010 of Cherpulassery Police Station for offences punishable under Sections 143, 147, 148, 324 & 308 read with Section 149 I.P.C., seek their enlargement on bail. The petitioners were arrested on 29/12/2010. 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 undergone by the petitioners, the present stage of investigation of the case 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 01/02/2011 on each of them executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- Bail Appln.No.440/2011 -2- 1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioners shall make themselves available for interrogation as and when required by the police at any time till the filing of the final report. 3. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. 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 skj