IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 Bail Appl..No. 7034 of 2009() ------------------------------------ CMP.8959/2009 of J.M.F.C.-I, CHENGANNUR CRIME NO. 744/2009 OF CHENGANNUR POLICE STATION .................... PETITIONERS/ACCUSED: ---------------------------------------- 1. SUNI @ SUNIL KUMAR, AGED 28 YEARS, S/O.KRISHNANKUTTY, KIZHAKKEMALIYIL VEEDU, KOLEDUTHUSSERI MAUI, THIRUVANVANDOOR VILLAGE, CHENGANNUR TALUK. 2. MANIYAN @ ANANDAN, AGED 30 YEARS, S/O.DEVASYA, THOTTUMALITHARA KIZHAKKETHIL VEEDU, KOLEDUTHUSSERI MAUI, THIRUVANVANDOOR VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7034 of 2009 ------------------------------------ Dated this the 1st day of December, 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.3 and 7 in Crime No. 744/2009 of Chengannur Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 323, 341 and 302 of the Indian Penal Code. 3. The date of occurrence was on 28.09.2009. Accused No.3 was arrested on 04.10.2009 while accused No.7 was arrested on 06.10.2009. They are in judicial custody. 4. The learned counsel for the petitioners submitted that even going by the prosecution case, the accused persons have not used any weapon for commission of the offence. It is also pointed out that the deceased was involved in several criminal cases. 5. As per the order dated 25.11.2009, in Bail Application No. 6842 of 2009, bail was granted to accused Nos. 1 and 2. 6. 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 B.A. No. 7034 of 2009 2 investigation, I am of the view that bail can be granted to the petitioners. 7. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chengannur, 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 ln