IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Bail Appl..No. 7468 of 2009() ----------------------------- CRIME NO.847 OF 2009 OF KASARAGOD POLICE STATION .................... PETITIONERS/ACCUSED 1 & 2 -------------------------------------------- 1. BANUPRAKASH.K,S/O.KRISHNAN, AGED 28 YEARS,MEEPPUGIRI, NEAR KALIKAMBA ROAD, KUDLU GRAMAM. 2. RAJESH SHETTY,S/O.NARAYANA VELLAL, AGED 36 YEARS,MEEPPUGIRI HOUSE,GAJANANA, KUDLU GRAMAM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION. 2. STATE REP;BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7468 of 2009 --------------------------------------------- Dated this the 22nd day of December, 2009 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.847 of 2009 of Kasaragod Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324, 326, 308 and 153A read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 15.11.2009. The petitioners were arrested on 20.11.2009 and they were remanded to judicial custody. The application submitted by the petitioners for bail was rejected by the learned Magistrate by the order dated 2nd December, 2009. 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 the present stage of investigation and also the fact that the petitioners are in judicial custody since 20.11.2009, I am of the view that bail can be granted to the petitioners on stringent conditions. BA No.7468/2009 2 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-I, Kasaragod, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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 csl