IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 Bail Appl..No. 5195 of 2009() ------------------------------------- CRIME NO. 442/2009 OF THALASSERY POLICE STATION. PETITIONER/2ND ACCUSED ------------------------------------------ P.MAHAROOF, S/O.USMAN HAJEE, AGED 28 YEARS, KUNNUMMAL HOUSE, PARIYARAM, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT/COMPLAINANT: ------------------------------------------ THE STATION HOUSE OFFICER, THALASSERY POLICE STAITON, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/09/2009ALONG WITH B.A. NOS.5140/2009 AND 5225/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos. 5140, 5195 & 5225 of 2009 ---------------------------------------------- Dated this the 10th day of September, 2009 O R D E R These Bail Applications are filed by accused Nos.1 to 3 respectively in Crime No.442/2009 of Thalassery Police Station. 2. The offences alleged against the petitioners are under Sections 3 and 25(1)(b)of the Arms Act and Section 399 read with Section 109 of the Indian Penal Code. 3. The gist of the prosecution case is the following: One Nazar from Thrissur owes a sum of Rs.6,00,000/- to the first accused, Sabir. Accused Nos. 2 and 3, Maharoof and Biju are the friends of the first accused. The first accused got information that Nazar would be coming to Kannur on 16/8/2009 and that he would be available at Thalassery on 17/8/2009. In order to apprehend Nazar, the first accused sought the help of accused Nos.2 and 3 and they together hired accused Nos.4 and 5 for a consideration of Rs.25,000/-. All of them except accused No.3 were travelling in a Scorpio Car. The police party intercepted the car on 17/8/2009 near Railway Station, Thalassery. Three choppers and fake registration B.A. Nos. 5140, 5195 & 5225/2009 2 number plates were recovered from the vehicle. Accused Nos.4 and 5 ran away. Accused Nos.1 and 2 were arrested. Accused No.3 was arrested on 19/8/2009. Accused Nos.4 and 5 surrendered before the court on 7/9/2009. All the accused persons are in judicial custody. 4. Accused Nos.1 and 2 are in judicial custody since 17/8/2009 and the accused No.3 is in judicial custody from 19/8/2009. As stated earlier, all the accused have been arrested. According to the Public Prosecutor, the investigation is progressing and it is not complete. 5. 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. 6. The petitioners shall be released on bail on their executing a bond for Rs.50,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thalassery subject to the following B.A. Nos. 5140, 5195 & 5225/2009 3 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 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 scm