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