IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 Bail Appl..No. 7527 of 2009() ----------------------------- CRIME NO.286/09 OF PERUNAD POLICE STATION, PATHANAMTHITTA DISTRICT .................... PETITIONERS/4TH & 5TH ACCUSED ------------------------------------------------- 1. AJITH SOLOMON ALIAS TONY, AGED 20 YEARS, S/O.SOLOMON, TONY VILLA, KAKKATHOPPU, ERAVIPURAM. 2. LINONS ALIAS TINU, AGED 19 YEARS, S/O.ALBERT, KOTTUMPURAM, THEKKUMBHAGOM, KAKKATHOPPU, ERAVIPURAM. BY ADV. SRI.ANIL KUMAR SREEDHARAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, VAKASSERRYKKARA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No.7527 of 2009 ------------------------------------------ Dated this the 4th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.4 and 5 in Crime No.286 of 2009 of Perunad Police Station, Pathanamthitta District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 450, 427 and 302 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 19.11.2009. The petitioners were arrested on 21.11.2009 and they were remanded to judicial custody. The investigation is not over. 4. The prosecution case is that the accused persons went to the canteen run within the campus of Carmel Engineering College, Perunad for having their dinner. Complaining that there was delay in serving food, the accused persons created a scene in the canteen. The employees of the canteen directed the accused to leave the place. The accused persons came back with deadly weapons with intent to commit the offence. They BA No.7527/2009 2 attacked the canteen workers. Accused No.1 hit the deceased with an iron rod. The deceased sustained head injury and he succumbed to the injuries while in hospital. 5. The learned counsel for the petitioners pointed out that there is no allegation that the petitioners used any weapon or that they inflicted any injuries on anybody. It is also submitted that the allegation of having used a weapon is against accused No.1. 6. 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 on stringent conditions. 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-I, Ranni, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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; BA No.7527/2009 3 c) The petitioners shall not enter into the limits of Perunad Police Station for a period of two months; d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; 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 csl