IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 Bail Appl..No. 5972 of 2009() ----------------------------- CRIME NO.384/09 OF ALAPPUZHA NORTH POLICE STATION .................... PEITIONERS/ACCUSED NOS.2 & 4 ------------------------------------------------ 1. SURESH KUMAR,S/O.PURUSHOTHAMAN, USHA MANDIRAM,KALAVOOR,FROM KALAVOOR COLONY, MANNANCHERRY PANCHAYATH,WARD NO.21. 2. KANNAN @ DHASANI KANNAN,S/O.SOMAN, KANNANTHARA VELI VEEDU,MANNANCHERRY PANCHAYATH WARD NO.21. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA,REPRESENTED BY THE P.PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5972 of 2009 --------------------------------------------- Dated this the 16th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 4 in Crime No.384 of 2009 of Alappuzha North Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 324, 326, 367, 506(ii) and 308 of the Indian Penal Code. 3. The date of occurrence was on 4.7.2009. The petitioners were arrested on 14.9.2009. They are in judicial custody since then. 4. 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. The petitioners shall be released on bail on their executing BA No.5972/2009 2 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, Alappuzha, 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 for a period of two months and thereafter, on alternate 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 csl