IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 Bail Appl..No. 7880 of 2011() ----------------------------- CMP.6162/2011 of J.M.F.C.-II,HOSDRUG CRIME NO.566 OF 2011 OF BEKAL POLICE STATION .................... PETITIONRS/ACCUSED NOS.1 & 4: ------------------------------------------------- 1. P.M.SAVAD, AGED 19 YEARS, S/O.MOOSA, TOTTAPPADI HOUSE, UDUMA PADINHARU, UDUMA VILLAGE, KASARGODE DISTRICT. 2. ADBULLAKUNHI K.V., AGED 21, S/O.MUHAMMED K.V., TOTTAPPADI HOUSE, KOVVAL VALAPPIL, UDUMA PADINHARU, UDUMA VILLAGE, KASARAGODE DISTRICT. BY ADV. SRI.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU SRI.JAGAN GEORGE SRI.P.G.PRAMOD RESPONDENT(S): COMPLAINANT: --------------------------- STATION HOUSE OFFICER, E.T.BAKAL POLICE STATION, KASARGODE DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.7880 OF 2011 --------------------------------- Dated this the 28th 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 4 in Crime No.566 of 2011 of Bekal Police Station. 2.The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324, 308 and 427 read with 149 of the Indian Penal Code. 3.The prosecution case is that on 12.9.2011 at 10.30 A.M, the accused persons attacked the defacto complainant with iron rod and inflicted injuries on him. It is also alleged that the accused persons caused damage to the motorbike belonging to the defacto complainant. The petitioners were arrested in connection with Crime No.501 of 2011 of Bekal Police Station and their formal arrest was recorded in the present case on 20.9.2011. B.A.No.7880 OF 2011 2 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 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-II, 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 Sundays, till the investigation is over 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 Police Station limits of Bekal Police Station for a period of one month except for complying with conditions (A) and (B). D) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. B.A.No.7880 OF 2011 3 E) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. F) The petitioners shall cooperate with the investigating officer in the matter of investigation. G) 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 cms