IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 Bail Appl..No. 339 of 2010() ---------------------------- CRIME NO.838/2009 OF NEYYATTINKARA POLICE STATION .................... PETITIONER/ACCUSED NO.3 TO 5 ------------------------------------------------ 1. AMAL RAJESH, S/O.AMALDAS, MINI HOUSE, MARAYAMUTTOM, VADAKARA DESOM, PERUMKADAVILA. 2. AMAL RATHEESH, S/O.AMALDAS, DO. DO. 3. JOSE @ SAJU, S/O.SATHYADEVAN, SHEEJA BHAVAN, HOUSE NO.VIII/21, VADAKARA. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.339 of 2010 --------------------------------------------- Dated this the 25th 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.3 to 5 in Crime No.838 of 2009 of Neyyattinkara Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 341, 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act. 3. The date of occurrence was on 9.11.2009. Accused No.3 was arrested on 23.11.2009. Accused Nos.4 and 5 were arrested on 28.11.2009. 4. The learned Public Prosecutor submitted that accused Nos.1 and 2 are not arrested so far. It is also pointed out that the victim has sustained serious injuries due to the attack made by the accused with dangerous weapons. 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 BA No.339/2010 2 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, Neyyattinkara, 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 and Thursdays for a period of two months and thereafter 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 csl