IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 Bail Appl..No. 5920 of 2011 CRMP.1863/2011 OF SESSIONS COURT, KOLLAM CRIME NO.751 OF 2011 OF KOLLAM EAST POLICE STATION PETITIONERS/ACCUSED NOS.2 & 3: -------------------------------------------------- 1. RAGINI, AGED 45 YEARS, D/O.CHELLAMMA, RATHEESH BHAVANAM, CONTONMENT NORTH, KOLLAM. 2. RADHIMOLE @ RADHI, AGED 23 YEARS, D/O.RAGINI, RATHEESH BHAVANAM, CONTONMENT NORTH, KOLLAM. BY ADV. SRI. K.SIJU KAMALASANAN SMT.BINDU GEORGE RESPONDENT: STATE: --------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5920 OF 2011 ------------------------------------------------------ Dated this the 26th day of July, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 3 in Crime No.751 of 2011 of Kollam East Police Station. 2. The offences alleged against the accused are under Sections 341, 323, 324, 506(ii) and 307 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 29.6.2011 at 8.10 P.M., the accused persons attacked the de facto complainant and caused injuries. It is stated that the first accused is involved in several criminal cases. He attacked the de facto complainant with iron pipe and caused injury on the scalp of the de facto complainant. The allegation against the second accused, the mother of the first accused, is that she had beaten the de facto complainant with a piece of firewood. The allegation against the third accused, the sister of the first accused, is that she wielded a knife BAIL APPL. NO.5920 OF 2011 :: 2 :: against the neighbours who tried to intervene. Accused Nos.2 and 3 were arrested on 30.6.2011 and they were remanded to judicial custody. The first accused is not arrested so far. 4. Taking into account the overt acts attributed to accused Nos.2 and 3 and also the fact that accused Nos.2 and 3 are women, I am of the view that bail can be granted to the petitioners. 5. The petitioners shall be released on bail on their executing bond for Rupees Twenty five thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Kollam, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on altermate 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; BAIL APPL. NO.5920 OF 2011 :: 3 :: 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/