IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1431 of 2010()
1. SUMESH, AGED 19 YEARS,
... Petitioner
2. RAJESH,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.K.MADHUSOODHANAN NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :11/03/2010
O R D E R
K.T.SANKARAN, J.
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B.A.No.1431 of 2010
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Dated this the 11th day of March, 2010
O R D E R
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.744 of 2009 of Chengannur Police Station.
2. The offences alleged against the petitioners are under
Sections 143, 147, 323, 341 and 302 read with Section 149 of
the Indian Penal Code.
3. The date of occurrence was on 28.9.2009. The
petitioners were arrested on 27.2.2010. It is submitted that the
investigation is at the final stage.
4. As per the order dated 25th November, 2009 in Bail
Application No.6842 of 2009, bail was granted to accused Nos.1
and 2. As per the order dated 17th December, 2009 in Bail
Application No.7431 of 2009, bail was granted to accused No.6.
It is submitted that the other accused persons were also granted
bail.
5. The learned counsel for the petitioners submitted that
BA No.1431/2010 2
accused No.4 has to apply for appearing for the Medical
Entrance examination on 12th March, 2010. The entrance
examinations will be held in the first week of April, 2010.
6. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
petitioners, the present stage of investigation and also taking
note of the fact that the other accused were released on bail, I
am of the view that bail can be granted to the petitioners.
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, 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 Sundays, 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 offence or
indulge in any prejudicial activity while on bail;
BA No.1431/2010 3
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
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