IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 Bail Appl..No. 190 of 2010 CRIME NO.10 OF 2010 OF IRITTY POLICE STATION, KANNUR PETITIONERS: ACCUSED 1 TO 3 ---------------------------------- 1. K.R. RAJESH, S/O. RAJAN, KYNATTIL HOUSE, PAYAM AMSOM, KOLIKKADAVU DESOM, KANNUR DISTRICT. 2. P.K. SUMESH, PALATHADAN HOUSE, PAYAM DESOM, VATTIYARA DESOM, KANNUR DISTRICT. 3. M.G. SHYJU, MURIKKANCHERRY HOUSE, PAYAM AMSOM, KOLIKKADAVU DESOM, KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENTS: COMPLAIANANT AND STATE ------------------------------------- 1. THE SUB INSPECTOR OF POLICE, IRITTY 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 19/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 190 OF 2010 ------------------------------------------------------ Dated this the 19th day of January, 2010 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.10 of 2010 of Iritty Police Station, Kannur District. 2. The offences alleged against the petitioners are under Sections 341, 323, 324 and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 3.1.2010. The petitioners were arrested on 5.1.2010 and they are in judicial custody. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. NO. 190 OF 2010 :: 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. 6. 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, Mattannur, 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) 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 ahz/