IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7278 of 2009()
1. NITHEESH, AGED 18 YEARS,
... Petitioner
2. RATHEESH, AGED 23 YEARS,
Vs
1. STATE OF KERALA, REPRESETNED BY PUBLIC
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :23/12/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NOS.7278, 7201 & 7712 OF 2009
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Dated this the 23rd day of December, 2009
O R D E R
These are applications for bail under Section 439 of the Code
of Criminal Procedure. B.A.No.7278 of 2009 is filed by accused
Nos.2 and 4 in Crime No.1249 of 2009 of Kunnamkulam Police
Station, Thrissur District. B.A.Nos.7201 of 2009 and 7712 of 2009
are filed respectively by accused Nos.3 and 5 in the aforesaid crime.
2. The offences alleged against the petitioners are under
Sections 143, 147, 148, 324, 326, 333, 307 and 397 read with
Section 149 of the Indian Penal Code.
3. The gist of the prosecution case is the following: On
22.11.2009, the Sub Inspector of Police, Kunnamkulam and two
police constables proceeded to Kecheri in order to detect illegal sand
mining activities. At 2.45 AM, a bus came to the place without
lighting headlights. The Sub Inspector of Police intercepted the
vehicle. The six persons found in the bus did not give any
B.A. NOS.7278, 7201 & 7712 OF 2009
:: 2 ::
satisfactory answers. At that time, a Maruti car and a Tata Sumo car
came to the spot. The persons in the cars as well as the persons in
the bus attacked the Sub Inspector of Police and he was severely
beaten. The Sub Inspector of Police sustained injuries including
fracture. He was admitted in the hospital. Many of the accused
persons escaped from the scene of occurrence.
4. Accused Nos.2, 3 and 4 were arrested on 22.11.2009 and
accused No.5 was arrested on 28.11.2009.
5. Learned counsel appearing for the petitioners submitted
that the petitioners are prepared to comply with any conditions that
may be imposed by the Court. It is stated that the investigation is
almost complete and recovery was effected.
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.
B.A. NOS.7278, 7201 & 7712 OF 2009
:: 3 ::
7. 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, Kunnamkulam, 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 surrender their passports, if any,
before the Court of the Judicial Magistrate of the First
Class, Kunnamkulam within a period of one week from
the date of their release on bail. If the petitioners or any
of them do not hold a passport, an affidavit to that effect
shall be filed by each one of them;
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 Applications are allowed as above.
(K.T.SANKARAN)
Judge
ahz/