IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 Bail Appl..No. 8282 of 2011() ----------------------------- CMP.5940/2011 of J.M.F.C.-I, MAVELIKKARA Crime No.1072 of 2011 of Kayamkulam Police Station, Alappuzha District .................... PETITIONERS/ACCUSED 1 & 2 --------------------------------------------- 1. SIDIQUE, AGED 30 YEARS, S/O.MAITHEEN KUNJU, KALLELI VADAKKATHIL, KAPPIL EAST, KRISHNAPURAM VILLAGE. 2. AZHARUDEEN, AGED 36 YEARS, S/O.MUHAMMAD KUNJU, KALLIL VADAKKATHIL, KAPPIL EAST, KRISHNAPURAM VILLAGE. BY ADV. SRI.K.HARILAL SRI.R.GOPAN RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, PIN 691 001. BY P.P.SRI.T.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8282 OF 2011 --------------------------------- Dated this the 17th 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.1 and 2 in Crime No.1072 of 2011 of Kayamkulam Police Station, Alappuzha District. 2. The offences alleged against the petitioners are under Sections 323 and 308 read with 34 of the Indian Penal Code. 3. The date of occurrence was on 17.9.2011. The petitioners were arrested on 17.9.2011. It is stated by the learned counsel for the petitioners that final report was filed in the case and the committal of the case to the Sessions Court was also over. B.A.No. 8282 OF 2011 2 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 that the charge was laid, I am of the view that bail can be granted to the petitioners. 5. The petitioners shall be released on bail on their executing bond for `25,000/-(Rupees Twenty Five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Court having jurisdiction, subject to the following conditions: A) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. B) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. C) 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