IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 Bail Appl..No. 604 of 2011() --------------------------------------- CRIME NO.550/2010 OF CHERPULASSERY POLICE STATION, PALAKKAD DIST. .................... PETITIONERS/ACCUSED NOS.2, 3 & 5 ------------------------------------------------------- 1. SULFIKKAR ALI, AGED 22 YEARS, S/O.MUHAMMEDALI, VALIYAPARAMBIL VEEDU, PENGATTIRI, NELLAYA, OTTAPALAM TALUK 2. RAFEEK, S/O.SAIDALAVI, AGED 21 YEARS, MADALA VEED, PATHAYATHINKAL, PANAMANNA, OTTAPALAM TALUK 3. RIYAS, AGED 24 YEARS, S/O.SAIDALAVI MADALA VEED, PATHAYATHINKAL, PANAMANNA BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE CHERPULASSERY POLICE STATION, PALAKKAD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V.RAMKUMAR, J. --------------------------------------------------- Bail Application No.604 of 2011 ----------------------------------------------------- Dated this the 31st day of January, 2011 ORDER In this Petition filed under Section 439 Cr.P.C., the petitioners, who are accused Nos.2, 3 & 5 in Crime No.550 of 2010 of Cherpulassery Police Station for offences punishable under Sections 143, 147, 148, 341, 324 & 308 read with Section 149 I.P.C., seek their enlargement on bail. The petitioners were arrested on 18/01/2011. 2. Both sides admitted that the first petitioner who is accused No.2 was released on bail by the Magistrate concerned. If so, his prayer for bail has become infructuous and is accordingly dismissed. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the 2nd & 3rd petitioners (A3 & A5), the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the 2nd & 3rd petitioners (A3 & A5). Accordingly, the 2nd & 3rd petitioners (A3 & A5) are directed to be released on bail with effect from 02/02/2011 on each of them executing a bond for `15,000/- (Rupees fifteen thousand Bail Appln.No.604/2011 : 2 : only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:- 1. The 2nd & 3rd petitioners (A3 & A5) shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The 2nd & 3rd petitioners (A3 & A5) shall make themselves available for interrogation as and when required by the police at any time till the filing of the final report. 3. The 2nd & 3rd petitioners (A3 & A5) shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. The 2nd & 3rd petitioners (A3 & A5) shall not commit any offence while on bail. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE skj