IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 Bail Appl..No. 616 of 2010(B) ---------------------------------------- [CRL.MP.237/2010 OF J.M.F.C. - I, ETTUMANUR, CRIME NO.37/2010 OF GANDHI NAGAR POLICE STATION, KOTTAYAM] .................... PETITIONERS/ACCUSED 1 TO 3: ----------------------------------------------- 1. PRAVEENKUMAR @ SATHI, S/O.APPU, THADATHILPARAMBIL HOUSE, KURICHI VILLAGE, MALAKKUNNAM, KOTTAYAM DISTRICT. 2. NOUSHAD @ KOCH, S/O.MAMMU, MUNDAKATHAILVEEDU, PERUMBAYIKKADU VILLAGE, PERUMBAYIKKATTUSSERI KARA, KOTTAYAM DISTRICT. 3. HARIS, S/O.SAITH MUHAMMED, MUNDAKAMVEEDU, PERUMBAYIKKADU VILLAGE, PERUMBAYIKKATTUSSERI KARA, KOTTAYAM DISTRICT. BY ADVS. MR.C.A.CHACKO, SMT.C.M.CHARISMA, MR.N.A.SHAFEEK, MR.M.S.UNNIKRISHNAN (OASIS). RESPONDENT/COMPLAINANT: --------------------------------------------- THE STATE OF KERALA, REPRESENTING S.I. OF POLICE, GANDHI NAGAR POLICE STATION, KOTTAYAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No. 616 of 2010 -------------------------------- Dated this the 8th day of February, 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. 37/2010 of Gandhi Nagar Police Station, Kottayam. 2. The offences alleged against the petitioners are under Sections 341, 294(b) and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 14/1/2010. The petitioners were arrested on 15/1/2010. 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 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 B.A. No. 616/2010 2 each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Ettumanoor 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 scm