IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 Bail Appl..No. 1463 of 2009() ----------------------------- CMP.271/2009 of J.M.F.C.-II,HOSDRUG CRIME NO. 101/2009 OF BAKAL POLICE STATION PETITIONER (S): ACCUSED 1 TO 14: ------------------------------------ 1. ASHRAF.M, S/O.MUHAMMED, AGED 25/09, PERIYA ROAD, PALLIKKERE VILLAGE. 2. HANEEFA P.M., S/O.ABOONACKER, AGED 36/09, PALLIPUZHA, PALLIKKERE VILLAGE. 3. ASSU K., S/O.ABOOBACKER, AGED 40/09, RIYAS MANZIL, PALLIKKERE, PALLIKKERE VILLAGE. 4. P.M.HASHEEM, S/O.MOIDU HAJI AGED 39/09, P.M.MANZIL, PERIYA ROAD, PALLIKKERE. 5. FAISAL T.M., S/O.HAMSA, AGED 20/09, THAZHE THOTTY, PALLIKKERE VILLAGE. 6. MUHAMMADALI, S/O.ABDUL KHADER, AGED 52/09, POOCHAKKAD, PALLIKKERE. 7. K.HAMSA, S/O.AMU HAJI, AGED 40/09, POOCHAKKAD, PALLIKKERE VILLAGE. 8. M.MUHAMMED, S/O.ABDURAHIMAN, AGED 44/09, THAYATHOTTI HOUSE, PALLIKKERE. 9. M.RASAK, S/O.ABBAS, AGED 27/09, BADIRI MANZIL, PERIYA ROAD, PALLIKKERE. 10. ASEEM, S/O.MOOSA, AGED 32/09, K.K.HOUSE, SUBINA MANZIL, PERIYA ROAD, PALLIKKERE. 11. HAMEED K., S/O.ABDULLA, AGED 35/09, K.K.HOUSE, ILLYAS NAGAR, BEKAL, PALLIKKERE. 12. M.A.MAJEED, S/O.ABOOBACKER, AGED 41/09, ILLYAS NAGAR, BEKAL. 13. RASHEED M.K., S/O.MUHAMMEDKUNHI, AGED 19/09, KHADEEJA QUARTERS, PALLIKKERE, NEAR ATNEYA TALKIES. 14. MUHAMMED RIYAS, S/O.ABDUL RASAK, AGED 26/09, POOCHAKKAD, PALLIKKERE. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): COMPLAINANT: --------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, BEKAL POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 1463 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 25th day of March, 2009 O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are accused Nos.1 to 14 in Crime No.101/2009 of Bekal Police Station for offences punishable under Sections 143, 147, 148, 332, 308, 283, 188 read with section 149 IPC and 3(2)(e) of the Prevention of Damage to Public Property Act, 1984, seek their enlargement on bail. Petitioners were arrested on 14-3-2009. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody of the petitioners, the present stage of investigation and the other circumstances of the case etc., I am inclined to grant bail to the petitioners. Accordingly, the petitioners are directed to be released on bail with effect from 8-4-2009 on each of them executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate and subject to the following conditions: 1) The petitioners shall report before the BA 1463/09 -2- Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2) The petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the police till the filing of the final report. 3) The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4) The petitioners 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. mn.