IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Bail Appl..No. 8830 of 2011() ----------------------------- AGAINST THE ORDER DATED 17/10/2011 IN CMP.12341/2011 IN CMP.12340/2011 of J.M.F.C.-III,NEYYATTINKARA Crime No.472 of 2011 of Kanjiramkulam Police Station, Thiruvananthapuram District .................... PETITIONERS/ACCUSED 1,2,4 AND 5 --------------------------------------------------- 1. SATHEESH, AGED 29 YEARS, S/O. THANKAMANY, CHARUVILA PUTHEN VEEDU, VALAN VILA, KOTTUKAL DESOM, KOTTUKAL VILLAGE. 2. RAHUL RAJ, AGED 28 YEARS, S/O. PONAMN RAJU @ RAJENDRAN, AMBHAIATHATTU VEEDU, VALAN VILA, KOTTUKAL DESOM, KOTTUKAL VILLAGE. 3. BINU, AGED 24 YEARS, S/O. SASIDHARAN, KIZHAKKATHIKATHU VEEDU, PUTHALAM PUTHAL VILAKAM, KOTTUKAL DESOM, KOTTUKAL VILLAGE. 4. DINESH, AGED 20 YEARS, S/O. GOPINATHAN, CHOVVARA NEW HARIJAN COLONY, KOTTUKAL DESOM, KOTTUKAL VILLAGE. BY ADV. SRI.D.KISHORE RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KANJIRAMKULAM POLICE STATION, THIRUVANANTHAPRAM DISTRICT. BY P.P.SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 8830 OF 2011 --------------------------------- Dated this the 2nd day of November , 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 2, 4 and 5 in Crime No.472 of 2011 of Kanjiramkulam Police Station, Thiruvananthapuram District. 2.The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 452, 294(b), 323, 324 and 354 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The date of occurrence was on 6.10.2011. The petitioners were arrested on 10.10.2011. 4.Heard the learned counsel for the petitioners and the learned Public Prosecutor. B.A.No. 8830 OF 2011 2 5.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. 6.The petitioners shall be released on bail on his executing bond for `25,000/-(Rupees Twenty Five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Neyyattinkara, 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. B.A.No. 8830 OF 2011 3 E) The petitioners shall cooperate with the investigating officer in the matter of investigation. F) 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 cms