IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 Crl.MC.No. 3407 of 2010() ------------------------- CMP.985/2010 of SESSIONS COURT, MANJERI .................... PETITIONER(S): ----------------------- 1. SHOUKATH ALI @ SHOUKATH, S/O. ABOOBACKER MOOSANTEPURAKKAL HOUSE, KOTHAPPARAMB,MALAPPURAM. 2. FAISAL, S/O. BEERAVU, CHOKKIDINTEPURAKKAL HOUSE, KOOTTAYI, MALAPPURAM. 3. HABEEB, S/O. CHERIYAKUTTY, KAKKACHINTEPURAKKAL HOUSE, KOOTTAYI,MALAPPURAM. 4. JAFAR, S/O. SAIDU MUHAMMED, VADIKKADAVATH HOUSE, KOTHAPPARAMB. BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.VIDYA MANUVILSAN RESPONDENT(S): --------------------------- THE STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, TIRUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3407 of 2010 = = = = = = = = = = = = = = Dated: 17.08.2010 ORDER Heard both sides. 2. Petitioners, who are the accused in Crime No.220/2010 of Tirur Police Station for offences punishable under Sections 120B,143,148,323,427,452,324,326 and 307 read with 149 IPC were granted bail on 30.4.2010, as per the order passed in Crl.M.C.No.388/2010. One of the bail conditions was that the petitioners should report before the Investigating Officer between 8 am and 9 am on all days for a period of two months. The bail has subsequently been cancelled as per Ext.A2 order dated 28.06.2010 for the reason that the petitioners failed to comply with the above said conditions after one month. 3. Having regard to the gravity of the offences and the facts and circumstances of the case, the condition to report before the Investigating Officer on all days between 8 am and 9 am for a period of two months was unnecessary. According to the petitioners since the Station House Officer informed them that the final report was being filed, the petitioners were under the impression that there is no need to report before the Police Crl. M.C. No.3407 of 2010 2 thereafter. There is no case that the petitioners got involved in any other crime. Under these circumstances, Annexure A2 order dated 28.06.2010 is set aside and the petitioners shall be released on bail on fresh sureties on each of them executing a bond for Rs.15,000/- (Rupees fifteen thousand only) with two solvent sureties (fresh sureties) each for the like amount to the satisfaction of the J.F.C.M, Tirur and subject to the following conditions: 1.The petitioners shall report before the Investigating Officer between 9 a.m. and 10 a.m. on all Mondays. 2. The petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the Investigating Officer. 3. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. Petitioners shall not commit any offence while on bail. Dated this the 17th day of August, 2010. V. RAMKUMAR, JUDGE sj