IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 9392 of 2011() ----------------------------- CMP.7102/2011 of J.M.F.C.-II,HOSDRUG CRIME NO.668/2011 OF BEKAL POLICE STATION KASARAGOD DISTRICT .................... PETITIONERS : ACCUSED : ----------------------- 1. MOOSA.P.A, AGED 20 YEARS, S/O.MOIDEEN PAKYARA, HYDER VALAPPIL (H), UDUMA PADINHARU, UDUMA VILLAGE, KASARAGOD DISTRICT. 2. K.ABOOBACKER SIDDIQUE, AGED 19 YEARS, S/O.ABDULLA, KANDATHIL HOUSE, OTHAYOTHVAYAL, UDUMA PADINHARU, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENTS: COMPLAINANT & STATE ---------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. THE STATION HOUSE OFFICER, (CRIME NO.668/2011 OF BEKAL POLICE STATION), KASARAGOD DISTRICT-671 313. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9392 of 2011 ---------------------------------------------- Dated this the 24th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2 & 4 in Crime No.668 of 2011 of Bekal Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 01/11/2011. The petitioners were arrested on 03/11/2011. 4. Though Section 153-A was also included as an offence, it was subsequently deleted. 5. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 6. 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 only with effect from 03/12/2011. Bail Appln.No.9392/2011 : 2 : 7. The petitioners shall be released on bail with effect from 03/12/2011 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 Mondays and Thursdays for a period of two months and thereafter on 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 skj