IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 15TH MAY 2009 / 25TH VAISAKHA 1931 Bail Appl..No. 1777 of 2009() --------------------------------------- CRIME NO.104 OF 2009 OF VADAKKEKAD POLICE STATION .................. PETITIONERS/ACCUSED ----------------------------------- 1. BIJISH, AGED 23 YEARS, S/O.BHASKARAN, MADAPATTIL HOUSE, KAVUKANAPETTI DESOM, VADAKKEKAD VILLAGE, CHAVAKKAD TALUK. 2. RAJESH,S/O.BHASKARAN, MOOKANANGKULAGARA HOUSE, KAVUKANAPETTI DESOM, VADAKKEKAD VILLAGE, CHAVAKKAD TALUK. 3. KUTTAN,AGED 22 YEARS, S/O.VASU, KAPPALANKATTU VEEDU, KAVUKANAPETTI DESOM, VADAKKEKAD VILLAGE, CHAVAKKAD TALUK. 4. RAJU,AGED 24 YEARS, S/O.KUMARAN, POLIYATH HOUSE, KAVUKANAPETTI DESOM, VADAKKEKAD VILLAGE, CHAVAKKAD TALUK. 5. SHIJU, AGED 22 YEARS, S/O. KUMARAN, KAVUKANAPETTI DESOM, VADAKKEKAD VILLAGE CHAVAKKAD TALUK. 6. RENJITH, AGED 20 YEARS, S/O.CHANDRAN, THAYYIL HOUSE, KAVUKANAPETTI DESOM, VADAKKEKAD VILLAGE, CHAVAKKAD TALUK. 7. SANTHOSH, AGED 26 YEARS, S/O.PADU, KIZHAKKEVEETIL HOUSE, KAVUKANAPETTI DESOM, VADAKKEKAD VILLAGE, CHAVAKKAD TALUK. BY ADV. MR.S.RAJEEV RESPONDENT(S): -------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM (CRIME NO.104/2009 OF VADAKKEKAD POLICE STATION) BY PUBLIC PROSECUTOR MR.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ P.S.GOPINATHAN, J. ====================================== B.A.No. 1777 of 2009 ====================================== Dated this the 15th day of May 2009 ORDER The petitioners are accused in Crime No.104 of 2009 of Vadakkekkad Police Station for the offences punishable under Sections 143, 147, 341, 324, 308 and 427 read with Section 149 IPC. Apprehending arrest, detention and torture at the hands of the investigating officer, they moved a petition under Section 438 Cr.P.C. before the Sessions Judge, Thrissur, who by Annexure-1 order dismissed the petition for the reason that very serious injuries were caused to the de facto complainant and the weapons are yet to be recovered. 2. Having heard either side, it is revealed that there is no serious injuries, but only a lacerated injury. In the above circumstances, I find that it would be appropriate to allow this petition. 3. In the result, this petition is allowed. There would be a direction to release the petitioners on bail, in the event of arrest, on executing bail bond for Rs.25,000/- (Rupees Twenty five thousand only) each to the satisfaction of the investigating officer on the following conditions:- i) The petitioners shall report before the B.A.No.1777 of 2009 2 Investigating Officer as and when required by him. ii) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. P.S.GOPINATHAN, JUDGE css/