IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 Bail Appl..No. 7278 of 2009 CRIME NO.1249 OF 2009 OF KUNNAMKULAM POLICE STATION, THRISSUR APPLICANT/ACCUSED NO.2 & 4 ---------------------------------------------- 1. NITHEESH, AGED 18 YEARS, S.O.RADHAKRISHNAN, THECHULLI HOUSE, ARIYYUR, ARYAMBAVU. 2. RATHEESH, AGED 23 YEARS, S/O.KUTTAN, AVANNIKKAL HOUSE, KUNDOORKUNNU. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESETNED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING THE C.I.OF POLICE, KUNNAMKULAM POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/12/2009, ALONG WITH BA NO.7201 AND 7712 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.7278, 7201 & 7712 OF 2009 ------------------------------------------------------ Dated this the 23rd day of December, 2009 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure. B.A.No.7278 of 2009 is filed by accused Nos.2 and 4 in Crime No.1249 of 2009 of Kunnamkulam Police Station, Thrissur District. B.A.Nos.7201 of 2009 and 7712 of 2009 are filed respectively by accused Nos.3 and 5 in the aforesaid crime. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 324, 326, 333, 307 and 397 read with Section 149 of the Indian Penal Code. 3. The gist of the prosecution case is the following: On 22.11.2009, the Sub Inspector of Police, Kunnamkulam and two police constables proceeded to Kecheri in order to detect illegal sand mining activities. At 2.45 AM, a bus came to the place without lighting headlights. The Sub Inspector of Police intercepted the vehicle. The six persons found in the bus did not give any B.A. NOS.7278, 7201 & 7712 OF 2009 :: 2 :: satisfactory answers. At that time, a Maruti car and a Tata Sumo car came to the spot. The persons in the cars as well as the persons in the bus attacked the Sub Inspector of Police and he was severely beaten. The Sub Inspector of Police sustained injuries including fracture. He was admitted in the hospital. Many of the accused persons escaped from the scene of occurrence. 4. Accused Nos.2, 3 and 4 were arrested on 22.11.2009 and accused No.5 was arrested on 28.11.2009. 5. Learned counsel appearing for the petitioners submitted that the petitioners are prepared to comply with any conditions that may be imposed by the Court. It is stated that the investigation is almost complete and recovery was effected. 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. B.A. NOS.7278, 7201 & 7712 OF 2009 :: 3 :: 7. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kunnamkulam, 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 and Thursdays for a period of two months and thereafter, 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 surrender their passports, if any, before the Court of the Judicial Magistrate of the First Class, Kunnamkulam within a period of one week from the date of their release on bail. If the petitioners or any of them do not hold a passport, an affidavit to that effect shall be filed by each one of them; d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Applications are allowed as above. (K.T.SANKARAN) Judge ahz/