IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Bail Appl..No. 5914 of 2009() --------------------------------------- CRIME NO.628/2009 OF HOSDURG POLICE STATION ....... PETITIONER (S)/ ACCUSED NOS. 1 TO 3 ---------------------------------- 1. SREEJITH.M. AGED 28 YEARS, S/O. KUTTIAN ATHIKOTH, KANATHIL BELLA VILLAGE. 2. SHIJU.K.V. @ NANU, AGED 24 YEARS, S/O. VELAYUDHAN, MANNADI, AJANNUR GRAMAM. 3. M.K.RAJESH @ THANKU, S/O. THANKAPPAN, CHIRAKKARA VEEDU, MANNADI BELLA VILLAGE. BY ADV. MR.M.SASINDRAN RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE-REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICE (CR.NO.628/09 OF HOSDURG POLICE STATION) HOSDURG. BY PUBLIC PROSECUTOR MR.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 5914 of 2009 ------------------------------------ Dated this the 14th day of October, 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. 1 to 3 in Crime No.628/2009 of Hosdurg Police Station. 2. The offences alleged against the petitioners are under Sections 324 and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 27/9/2009. The petitioners were arrested on 28/9/2009. 4. The learned Public Prosecutor submitted that charge was laid in the case on 8/10/2009. 5. 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 also the fact that charge was laid in the case, I am of the view that bail can be granted to the petitioners. 6. The petitioners shall be released on bail on their B.A. No. 5914/2009 2 executing a bond for Rs.15,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Hosdurg subject to the following conditions:- A) The petitioners shall appear before the Station House Officer, Hosdurg Police Station between 9 A.M. and 11 A.M. on every Monday for a period of two months. B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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