IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 Bail Appl..No. 10392 of 2011 CRIME NO.1025 OF 2010 OF KOYILANDY POLICE STATION PETITIONERS: ACCUSED NOS.4 AND 7: -------------------- 1. BABY, 33/11, 2/O.KUNHURAMAN, CHEMBIL HOUSE, VIYYUR AMSOM DESOM, KOYILANDY. 2. SUDHEESH, 23/11, S/O.DASAN, KEERAKAT HOUSE, KOLLAM, VIYYUR, KOYILANDY. BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENTS: COMPLAINANT & STATE: --------------- 1. SUB INSPECTOR OF POLICE, KOYILANDY POLICE STATION, KOYILANDY - 673 317. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 10392 OF 2011 ------------------------------------------------------ Dated this the 20th day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.4 and 7 in Crime No.1025 of 2010 of Koyilandy Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 452, 324, 326, 307, 506(ii) and 294(b) read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 13.12.2010 at 1 A.M., the accused persons formed themselves into an unlawful assembly, armed with deadly weapons, and criminally trespassed into the house of the defacto complainant by breaking open the door and attacked the defacto complainant and his mother. The defacto complainant was beaten with iron rod. When his mother tried to prevent the accused from attacking the defacto complainant, injuries were inflicted on her by a sword. Later, the defacto complainant was BAIL APPL. NO.10392 of 2011 :: 2 :: pulled out of the house and he was beaten with iron bars and cut injuries were inflicted with sword. The allegation is that the intention of the accused was to kill the defacto complainant. The defacto complainant sustained very serious injuries. 4. Accused No.4 was arrested on 5.11.2011 and accused No.7 was arrested on 8.11.2011. 5. B.A.No.9644 of 2011 filed by the petitioners was dismissed by the order dated 30.11.2011. Investigation has progressed much thereafter. 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 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 bond for Rupees Twenty five thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial BAIL APPL. NO.10392 of 2011 :: 3 :: Magistrate of the First Class, Koyilandy, 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 ahz/