IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH MAY 2009 / 18TH VAISAKHA 1931 Bail Appl..No. 2430 of 2009() ----------------------------- CRMP.1299/2009 of D.C.& SESSIONS COURT,THODUPUZHA CRIME NO.192/09 OF KUMILY POLICE STATION PETITIONERS -------------------- 1. MUHAMMED KHAN,S/O. AMEER SULTHAN, AGED 37 YEARS, KANDATHIL HOUSE, ROSSAPOOKANDOM BHAGAM, KUMILY KARA, KUMILY VILLAGE, PEERUMEDU TALUK. 2. SUDHEER, S/O. ABDUL REHMAN, AGED 30 YEARS, METTIL HOUSE, KUMILY KARA, KUMILY VILLAGE. 3. BINNU GEORGE, S/O. GEORGE, AGED 34 YEARS VELICKAKATHU HOUSE, ATTPPALLAM KARA, KUMILY VILLAG 4. AREESHKUMAR, S/O. SOMAN, AGED 29 YEARS, ANIBHAVANIL HOUSE, AMARAVATHI KARA, KUMILY VILLAGE. BY ADV. SRI.P.K.VARGHESE RESPONDENT(S): --------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE KUMILY POLICE STATION. PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ----------------------------------------- B.A.No. 2430 of 2009 ----------------------------------------- Dated this the 8th May, 2009 O R D E R This is a petition for regular bail filed under Section 439 of the Code of Criminal Procedure. 2. Petitioners are accused in Crime No.192/09 of Kumily Police Station, alleging commission of offences under Sections 308, 452, 426, 323 read with 34 of the Indian Penal Code. 3. The case of the prosecution is that on 17.4.2009 at 9.15 pm petitioners-accused trespassed into the residence of the de facto complainant, assaulted him and caused injuries on him and thereby committed offences as alleged. The petitioners were arrested on 18.4.2009 and they have been in judicial custody since 19.4.2009. 4. I have heard learned counsel for petitioners and the learned Public Prosecutor. 5. Admittedly the petitioners were taken into custody and they have been in judicial custody since 19.4.2009. One of the contentions of the petitioners is that even if the entire prosecution is admitted, it will not attract commission of BA.2430/09 2 offence under Section 308 IPC. It is only with a view to see that they are not enlarged on bail that the said section has been included, according to the petitioners. 6. Considering the fact that the petitioners were taken into custody on 18.4.2009 and they have been in judicial custody since 19.4.2009 and that a good part of the investigation has already been completed, no prejudice will be caused to the prosecution if the petitioners are enlarged on bail with stringent conditions. Accordingly, this application is allowed subject to the following conditions: i) Petitioners shall be enlarged on bail on each of them executing bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the JFCM-II, Peerumed. ii) Petitioners shall report before the investigating officer in respect of the above crime on all Mondays and Saturdays between 10 am and 1 pm, till the final report is filed. BA.2430/09 3 iii) Petitioners shall not leave the jurisdiction of the Kumily Police Station during this period, without obtaining prior written permission from the investigating officer. The application is allowed. C.T.RAVIKUMAR, JUDGE vgs.