IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 19TH MAY 2008 / 29TH VAISAKHA 1930 Bail Appl..No. 3106 of 2008() -------------------------------------- CRIME NO.127/2008 OF VADAKKEKARA POLICE STATION. ..... PETITIONERS/ACCUSED ------------------------------------ 1. YAHIYA, AGED 44 YEARS, S/O.MOHAMMED, MOIDEENPARAMBIL NEAR THAIKKAVUPALLI, CHETTETHUKARA, KAKKANAD (NOW RESIDING IN THE HOUSE REGHUS EMPLOYEE OF POST OFFICE, NEAR N.G.O. QUARTERS, BOMBAY STORES JN., KAKKANAD. 2. SHERIFF, AGED 29 YEARS, S/O.KOCHUMOHAMMED, PALIAKKALPARAMBU HOUSE, BEHIND GALAXI THEATRE, CHULLIKKAL (NOW RESIDING IN MATHAI'S HOUSE, EAST OF EDAPPALLY TOLE, MAROTTICHODU V.N.NAGAR. BY ADV. SMT.MEREENA JOSEPH RESPONDENT: COMPLAINANT ------------------------ STATION HOUSE OFFICER, VADAKKEKARA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. ---------------------------------------------- BAIL APPLICATION NO. 3106 OF 2008 ---------------------------------------------- Dated this the 19th day of May, 2008 O R D E R Application for regular bail. The petitioners are accused Nos.1 and 2 in Crime No.127 of 2008 of Vadakkekara Police Station registered alleging offences punishable under Section 379 read with Section 34 I.P.C. The petitioners were arrested on 28.2.2008 and continues to be in custody from that date. 2. 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 and other circumstances of the case, I am satisfied that this is a fit case for grant of bail. Accordingly, the petitioners are directed to be released on bail on B.A.NO.3106/2008 2 their executing a bond for Rs.25,000/- (Rupees Twenty-five thousand only) each with two solvent sureties each for the like amount to the satisfaction of the trial court and subject to the following conditions: 1. Petitioners shall report before the Investigating Officer between 10 a.m. and 1p.m. on all Mondays. 2. Petitioners shall make themselves available for interrogation as and when required by the police till the filing of the final report. 3. Petitioners shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence of the prosecution. 4. 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. The application is allowed as above. (HARUN-UL-RASHID, JUDGE) sp/ B.A.NO.3106/2008 3