IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 Bail Appl..No. 1022 of 2010 CRIME NO.464 OF 2009 OF BEKAL POLICE STATION, KASARAGOD DISTRICT PETITIONERS: ACCUSED NOS.1 TO 3, 6 & 7 : 1. BASHEER POOCHAKKAD, AGED 35 YEARS, S/O. BEKAL AMU, THOTTY, KASARAGOD DISTRICT. 2. ROUF, AGED 29 YEARS, S/O. IBRAHIM, PALLIKKARA HOUSE, RESIDING AT PALLIKKARA VILLAGE. HOSDURG, KASARAGOD DISTRICT. 3. MOIDU, AGED 27 YEARS, S/O. MUHAMMAD ALI, PERIYA ROAD, RESIDING AT PALLIKKARA VILLAGE, HOSDURG, KASARAGOD DISTRICT. 4. SALAM, AGED 30 YEARS, S/O. ABOOBACKER, MADATHIL HOUSE, RESIDING AT PALLIKKARA VILLAGE, HOSDURG, KASARAGOD DISTRICT. 5. SAMEER, AGED 22 YEARS, S/O. KHADAR, KALLINGAL HOUSE, RESIDING AT PALLIKKARA VILLAGE, HOSDURG, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENTS: COMPLAINANT 1. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO. 464 OF 2009 OF BEKAL POLICE STATION) PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1022 OF 2010 ------------------------------------------------------ Dated this the 23rd day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 3, 6 and 7 in Crime No.464 of 2009 of Bekal Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 353, 332 and 308 read with Section 149 of the Indian Penal Code and Section 4(1)(a) of the Minor Mineral Development and Regulation Act read with Rule 21(1) of the Rules thereunder. 3. The prosecution case is that on 17.12.2009, the accused persons were found engaged in illegal sand mining. The police party, on getting information, went to the scene of occurrence. The accused pelted stones against the police party. When the police party tried to seize the lorry in which the sand was being loaded, the lorry was taken in a high speed towards the police party. It is alleged B.A. NO.1022 OF 2010 :: 2 :: that somehow or other they managed to escape. The petitioners were arrested on 8.2.2010. They are in judicial custody since then. 4. As per the order dated 5.2.2010 in B.A.No.577 of 2010, bail was granted to accused Nos.4 and 8. 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 bond for Rs.25,000/- 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, 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; B.A. NO.1022 OF 2010 :: 3 :: c) The petitioners shall surrender their passports before the court of the Judicial Magistrate of the First Class-II, Hosdurg within one week. If any of the petitioners does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week; d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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 ahz/