IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 Bail Appl..No. 7853 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.6591/2011 CMP.6135/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.803/2011 OF HOSDURG POLICE STATION KASARAGOD DISTRICT .................... PETITIONERS/ACCUSED : ----------------------- 1. SHAMSU.H.K., S/O.C.H.IBRAHIM, AGE 30 YEARS, BUSHARA MANZIL, HOSDURG, KADAPPURAM, NEAR HADDAD MASID, HOSDURG VILLAGE. 2. UMMER.C.K., S/O. KRISHNAN, AGED 34 YEARS, MIYANATH HOUSE, NEAR HADDAD MASID, HOSDURG KADAPPURAM. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,KOCHI-31. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7853 of 2011 ---------------------------------------------- Dated this the 30th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.803 of 2011 of Hosdurg Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 324, 308, 326, 341, 427, 307 and 153-A read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 29/07/2011. The petitioners surrendered before the Investigating Officer on 01/08/2011. 4. Bail Application No.6591 of 2011 filed by the petitioners and another was dismissed as regards the petitioners, as per the order dated 16th September, 2011. It is submitted that the petitioners are involved in another case in which offence under 308 Indian Penal Code is involved. In that case, bail was granted to them as per the order in Bail Application No.7854 of 2011. Bail Appln.No.7853/2011 : 2 : 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. 6. The petitioners shall be released on bail on their executing bond for `25,000/-(Rupees Twenty five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Hosdurg, 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 enter into the limits of Hosdurg Police Station until further orders except for the purpose of complying with Conditions 'A' and 'B'. Bail Appln.No.7853/2011 : 3 : 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 Application is allowed as above. K.T.SANKARAN, JUDGE skj