IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 Bail Appl..No. 298 of 2010() -------------------------------------- CR. NO.806/2009 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT. .................. PETITIONERS/ACCUSED NO.1 & 2 ------------------------------------------------- 1. SHAMSHAD, S/O.ABDULLA, AGED 19 YEARS, NHATTUVAYAL, TALIPARAMBA.P.O, TALIPARAMBA AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. GAFOOR, S/O.ABOOBACKER, AGED 19 YEARS, NHATTUVAYAL, TALIPARAMBA.P.O, TALIPARAMBA AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. MR.V.A.SATHEESH, MR.V.T. MADHAVANUNNI. RESPONDENT/COMPLAINANT ------------------------------------------- STATE, THROUGH THE STATION HOUSE OFFICER TALIPARAMBA POLICE STATION, KANNUR DISTRICT. (CRIME NO.806/09 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT),REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR MR.M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/01/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 298 of 2010 ------------------------------------ Dated this the 22nd day of January, 2010 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 and 2 in C.R.No.806/2009 of Taliparamba Police Station. 2. The offences alleged against the petitioners are under Sections 153, 454, 353 and 436 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 19/12/2009 at 12.35 noon, the accused persons took two motor bikes from the porch of one person and set the bikes on fire near a Mosque. The police party got the information regarding the incident, while on patrol duty. The C.I. of Police and party went to the spot. The police party found four persons running towards the Mosque. They followed them, but one of the accused pushed the police man and ran away. The petitioners were arrested on 22/12/2009 and they were remanded to judicial custody. The allegation is that the offence was committed deliberately to create trouble in the locality. B.A. No. 298/ 2010 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 on stringent conditions. 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, Taliparamba 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, 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 surrender their Passports, if any, before the Judicial Magistrate of the First Class, Taliparamba. If the petitioners are not in possession of Passport, an affidavit to that effect shall be filed before the learned Magistrate; B.A. No. 298/ 2010 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 scm