IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Bail Appl..No. 3628 of 2009() ----------------------------------------- CRIME NO.422/2009 OF CHENGANNUR POLICE STATION PETITIONERS/ACCUSED: --------------------------------------- 1. CHANDRAN,AGED 43 YEARS,S/O.SANKARAN, UTHARA BHAVANAM,KULAKKUZHA,P/W-V,KARAKKAD MURI, MULAKKUZHA VILLAGE. 2. MANIKUTTAN, AGED 34 YEARS,S/O.AYYAPPAN, KALIYILAZHIKATHU VEEDU,VILAKKUDI PANCHAYATH, VILAKKUDI VILLAGE,PATHANAPURAM TALUK. 3. KUMARAN,AGED 60 YEARS,S/O.SANKARAN, VINEETHA BHAVANAM, KADASSERI MURI,PURAVATHUR P/W-1,PUNNALA VILLAGE,PATHANAPURAM VILLAGE. 4. SURENDRAN,AGED 36 YEARS,S/O.VASU, SAUMYA BHAVANAM,MALLAPPALLYKOTTA,PARAYANTHALIL P/W -III,OMALOOR VILLAGE,KOZHENCHERRY. 5. ANU,AGED 33 YEARS,S/O.SOMAN,ASOKA VILASAM,CHEMPOMAN DESOM,PIRAVANTHUR P/W-V, PATHANAPURAM TALUK. 6. UNNI,AGED 30 YEARS,S/O.VASU, KALLUZHATHIL VEEDU,MADHUMALA BHAGOM,ELANTHOOR P/W-III,ELANTHOOR VILLAGE,KOZHENCHERRY TALUK. 7. SURENDRAN,AGED 32,S/O.K.C.SURENDRAN, KUZHIPPARAMBIL VEEDU,KAUKAPPALAM SREENIPURAM COLONY,ERUMELY P/W-XVIII,ERUMELY THEKKU VILLAGE, KANJIRAPPALLY TALUK,KOTTAYAM DISTRICT. 8. SASI,AGED 37 YEARS,S/O.KOCHUCHERAKKAN, SASI VILASOM,EROOR P/W-IX,EROOR VILLAGE, PATHANAPURAM TALUK. 9. BABU,AGED 44 YEARS,S/O.CHELLAPPAN, PUTHEN VEEDU,VENJARAMUDU PADAYANIKKONAM PADINJATTUMKARA,PULLAMPARA P/W-VI, MANICKAL VILLAGE, ATTINGAL TALUK. 10. RADHAKRISHNAN,AGED 41 YEARS,S/O.NADESAN, Bail Appl..No. 3628 of 2009 KOIPPALLITHARAYIL,BHARANICKAVU P/W-1,NADUILE MURI, BHARANICKAVU PANCHAYAT,MAVELIKKARA TALUK. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT: --------------------------- STATE OF KERALA,REPRESENTED BY SUB INSPECTOR OF POLICE,CHENGANNUR,POLICE STATION, THROUGH POLICE PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3628 of 2009 ------------------------------------ Dated this the 6th day of July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.2, 4 to 12 in Crime No. 422/2009 of Chengannur Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 149, 353, 427, 341, 342 and 307 of the Indian Penal Code. 3. The petitioners and accused Nos.1 and 3 filed B.A. No.3023/2009, which was disposed of as per order dated 12/06/2009. As per the order, bail was granted to accused Nos. 1 and 3. The prayer for bail in respect of the other accused was rejected. The petitioners were arrested on 20/05/2009 and they are in judicial custody. 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. B.A. No. 3628/2009 Page numbers 5. The petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chengannur 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