IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6909 of 2009()
1. GEORGEKUTTY, S/O.THOMAS, VILAYIL VEEDU,
... Petitioner
2. KRISHNAN KUTTY @ AJI,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.K.T.THOMAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :07/12/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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B.A.NO.6909 OF 2009
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Dated 7th December 2009
O R D E R
Petitioners are accused in Crime No.1746/2009
of Kottarakara police station registered for the
offences under Sections 308 and 109 of Indian Penal Code.
Prosecution case is that on 18/10/2009 at about 8.30 p.m
in furtherance of their common intention, first
petitioner beat on the head of the injured causing
grievous hurt and they thereby committed the offences.
Petitioners were arrested on 3/11/2009. Since then, they
have been in custody. Learned counsel appearing for the
petitioners submitted that petitioners were already given
to the police for interrogation and as they have been in
custody since 3/11/2009, they be granted bail and they
are prepared to abide by any condition.
2. Learned Public Prosecutor submitted that
investigation is in progress and if petitioners are to
be released on bail, sufficient conditions be imposed.
3. Considering the fact that petitioners have
been in custody since 3/11/2009 and they have been
sufficiently interrogated after, giving their custody to
the police, it is not in the interest of justice to
BA 6909
2
continue the detention. On sufficient conditions they
could be released on bail.
4. petitioners are to be released bail on
executing bond for Rs.20,000/- with two solvent sureties
each for the like sum to the satisfaction of Judicial
First Class Magistrate, Kottarakara on the following
conditions.
1) Petitioners shall appear before the
investigating officer on every Wednesday between 10 and
12 a.m for one month and thereafter as and when
requested by the investigating officer.
2) Petitioners shall not induce, threaten or
influence any witness from revealing facts known to
them to the investigating officer or to the court.
3) Petitioners shall not leave the State
without the permission of the Magistrate.
4) Petitioners shall not involve in any other
offence and shall co-operate with the investigation.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.