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. 8920 of 2011 CRIME NO.857 OF 2011 OF KOYILANDY POLICE STATION, KOZHIKODE. PETITIONERS: ACCUSED NOS.2 TO 5: -------------------- 1. BINEESH, S/O VASU, KIZHAKKAYIL HOUSE, CHENGOTKAVU, ELATTERI AMSOM DESOM, KOYILANDY TALUK,KOZHIKODE DISTRICT. 2. ROOPESH, S/O.RAVEENDRAN PILATHOOTTATHIL HOUSE, MELOOR PO, CHENGOTKAVU KOYILANDY TALUK, KOZHIKODE DISTRICT. 3. PRASOBH, S/O.KELAPPAN MEETHALE NAMBARATH HOUSE MELOOR PO, CHENGOTKAVU,KOYILANDY TALUK, KOZHIKODE DISTRICT. 4. VIGAS, S/O. VISWAN, PILATHOTTATHIL HOUSE, MELOOR PO, CHENGOTKAVU KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.P.R.SREEJITH SRI.M.PROMODH KUMAR RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8920 OF 2011 ------------------------------------------------------ Dated this the 2nd day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.2 to 5 in Crime No.857 of 2011 of Koyilandy Police Station, Kozhikode District. 2. The offences alleged against the accused are under Sections 294(b) and 332 read with Section 34 of the Indian Penal Code. 3. The incident took place on 23.10.2011 in the premises of a hospital. There was a clash between two groups of persons on account of a motor accident. The de facto complainant, a policeman, intervened to pacify the two groups on a request made by the hospital authorities. The allegation is that the accused attacked the policeman and prevented him from discharging his official duties. BAIL APPL. NO.8920 OF 2011 :: 2 :: 4. The petitioners were arrested on 23.10.2011 and they were remanded to judicial custody. Accused No.1 has not been arrested so far. 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 their executing bond for Rupees Twenty five thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial 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; BAIL APPL. NO.8920 OF 2011 :: 3 :: 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/