IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 Bail Appl..No. 2768 of 2009() -------------------------------------- CRIME NO.155/2009 OF SREEKARIYAM P0LICE STATION .................... PETITIONERS/ ACCUSED 2 AND 4: --------------------------------------------------- 1. RATHEESHKUMAR, S/O. VIJAYAN NAIR, RAJESH VILASOM, T.C. 8/349, MADATHUVILA LANE, ELAMKULAM, VHERUVAKAL VILLAGE. 2. DHANKUMAR, S/O. GOAPALAKRISHNAN NAIR, DOOSIYOORKONAM, KUZHIVILAVEEDU, BABUJI NAGAR, HOUSE NO. 35 (4), PONGUMOODU WARD, CHERUVAKKAL VILLAGE. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENTS: ------------------------ S.I. OF POLICE, SREEKARIYAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2768 of 2009 ------------------------------------ Dated this the 23rd day of May, 2009 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 and 4 in Crime No. 155/2009 of Sreekariyam Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 324, 326, 307 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The petitioners were arrested on 5/04/2009 and they were produced before the Magistrate on 6/04/2009. The petitioners are in judicial custody. The investigation of the case is not over. The first accused was released on bail since it was found that he is suffering from cancer. Some of the accused are yet to be arrested. 4. The learned Public Prosecutor submits that if bail is granted, it could only be on stringent conditions. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 2768/ 2009 2 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. 5. The petitioners shall be released on bail on their executing a bond for Rs.50,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thiruvananthapuram 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) The petitioners shall not enter into the territorial limits of Sreekariyam Police Station until final report is filed or until further orders except for the purpose of complying with condition No.A B.A. No. 2768/ 2009 3 F) 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 scm