High Court Kerala High Court

Ratheesh vs State Of Kerala on 10 June, 2009

Kerala High Court
Ratheesh vs State Of Kerala on 10 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3028 of 2009()


1. RATHEESH, AGED 23 YEARS, S/O. RAJAN,
                      ...  Petitioner
2. RAJEEV, AGED 25 YEARS, S/O. RAJAN,
3. SAJEEV, AGED 27 YEARS, S/O. RAJAN,

                        Vs



1. STATE OF KERALA, REP.BY THE
                       ...       Respondent

                For Petitioner  :SRI.V.MANOJ KUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :10/06/2009

 O R D E R
                       K.T. SANKARAN, J.
                       ---------------------------
                       B.A. No. 3028 of 2009
                   ------------------------------------
               Dated this the 10th day of June, 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.1, 2

and 3 in Crime No. 718/2009 of Chengannur Police Station.

2. The offence alleged against the petitioners are under

Sections 308, 324 read with Section 34 of the Indian Penal

Code.

3. It is stated that the accused No.4 was granted

anticipatory bail as she was suffering from Jaundice. The

petitioners had also applied for anticipatory bail. Their prayer

for anticipatory bail was rejected. They surrendered before the

investigating officer on 28/05/2009 and they produced before

the court. The petitioners are in judicial custody. It is submitted

by the learned counsel for the petitioner that the defacto

complainant is a relative of the petitioner and there were family

disputes. The learned Public Prosecutor submitted that the

B.A. No.3028/2009
2

injuries sustained by the defacto complainant are not very

serious.

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.

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

B.A. No.3028/2009
3

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