IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 Bail Appl..No. 6680 of 2011 CRIME NO.776 OF 2011 OF VATAKARA POLICE STATION, KOZHIKODE PETITIONERS: ACCUSED NOS.4 AND 5: ------------------------------- 1. AFSAL, S/O.HAMEED,AGED 23 YEARS, CHATHOTHUKAVIL HOUSE,MEMUNDA P.O., KOZHIKODE DISTRICT. 2. NUJUM, S/O.ASSAINAR,AGED 25 YEARS, VILANGIL HOUSE,MEMUNDA P.O., KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, VATAKARA POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI. V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6680 OF 2011 ------------------------------------------------------ Dated this the 25th day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused No.4 and 5 in Crime No.776 of 2011 of Vatakara Police Station, Kozhikode District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 341, 324, 326, 308 and 506(ii) read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 23.7.2011. The petitioners were arrested on 26.7.2011 and they are in judicial custody. 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. BAIL APPL. NO.6680 OF 2011 :: 2 :: 5. The petitioners shall be released on bail on their executing bond for Rupees Twenty five thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Vatakara, 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 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; 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 ahz/