IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Bail Appl..No. 4794 of 2009() ----------------------------- CRIME NO.115/2009 OF KOLAVALLUR POLICE STATION .................... PETITIONERS/ACCUSED A3 & A4 ----------------------------------------------- 1. SHAFEEQUE,S/O.ABOOBACKER, THANIYULLATHIL HOUSE,TRIPANGOTTUR. 2. MUHAMMED,S/O.ABDULLA, KUNHIKATTIL HOUSE,TRIPANGOTTUR. BY ADV. SRI.K.ANAND RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR, KOLAVALLUR POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4794 of 2009 --------------------------------------------- Dated this the 28th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.3 and 4 in Crime No.115 of 2009 of Kolavallur Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 324, 308 and 427 read with Section 149 of the Indian Penal Code. 3. The incident occurred on 10.5.2009. The petitioners were arrested on 11.8.2009 and they are in judicial custody since then. 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. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like BA No.4794/2009 2 amount to the satisfaction of the Chief Judicial Magistrate- Thalassery, 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 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 csl