IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7527 of 2009()
1. AJITH SOLOMON ALIAS TONY, AGED 20
... Petitioner
2. LINONS ALIAS TINU, AGED 19 YEARS,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.ANIL KUMAR SREEDHARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :04/01/2010
O R D E R
K.T.SANKARAN, J.
-----------------------------------------
B.A.No.7527 of 2009
------------------------------------------
Dated this the 4th 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.4
and 5 in Crime No.286 of 2009 of Perunad Police Station,
Pathanamthitta District.
2. The offences alleged against the petitioners are under
Sections 143, 147, 148, 450, 427 and 302 read with Section 149
of the Indian Penal Code.
3. The date of occurrence was on 19.11.2009. The
petitioners were arrested on 21.11.2009 and they were
remanded to judicial custody. The investigation is not over.
4. The prosecution case is that the accused persons went
to the canteen run within the campus of Carmel Engineering
College, Perunad for having their dinner. Complaining that
there was delay in serving food, the accused persons created a
scene in the canteen. The employees of the canteen directed the
accused to leave the place. The accused persons came back
with deadly weapons with intent to commit the offence. They
BA No.7527/2009 2
attacked the canteen workers. Accused No.1 hit the deceased
with an iron rod. The deceased sustained head injury and he
succumbed to the injuries while in hospital.
5. The learned counsel for the petitioners pointed out
that there is no allegation that the petitioners used any weapon
or that they inflicted any injuries on anybody. It is also submitted
that the allegation of having used a weapon is against accused
No.1.
6. 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 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, Ranni, 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, 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;
BA No.7527/2009 3
c) The petitioners shall not enter into the limits of Perunad
Police Station for a period of two months;
d) The petitioners shall not try to influence the prosecution
witnesses or tamper with the evidence;
e) The petitioners shall not commit any offence or indulge in
any prejudicial activity while on bail;
f) 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