IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 Bail Appl..No. 42 of 2010 CRIME NO.716 OF 2009 OF THALASSERY POLICE STATION, KANNUR PETITIONERS: ACCUSED NOS.4 TO 6: -------------------- 1. M.K.GAFOOR, S/O.YUSUF, AGED 28 YEARS, MULLERIKKANDY HOUSE, AVILAD, ULIYIL P.O. 2. N.RAJESH, S/O.NARAYANAN, AGED 28 YEARS, PUTHIYAVEETTIL HOUSE, PADIYOOR. 3. O.K.JITHESH, S/O.BHASKARAN, AGED 32 YEARS, PARAKKATTIL HOUSE, AVILAD, ULIYIL P.O. BY ADV. SRI.C.P.PEETHAMBARAN SMT.LISHA.M.G. RESPONDENT: COMPLAINANT: --------------- THE STATION HOUSE OFFICER, THALASSERY POLICE STATION, KANNUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRUI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/01/2010, ALONG WITH BA NO.43 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.42 & 43 OF 2010 ------------------------------------------------------ Dated this the 5th day of January, 2010 O R D E R B.A.No.42 of 2010 relates to Crime No.716 of 2009 of Thalassery Police Station, while B.A.No.43 of 2010 relates to Crime No.719 of 2009 of the same police station. The petitioners in B.A.No.42 of 2010 are accused Nos.4 to 6 in Crime No.716 of 2009. The petitioners in B.A.No.43 of 2010 are accused Nos.4 and 5 in Crime No.719 of 2009. Petitioners 2 and 3 in B.A.No.42 of 2010 are the petitioners in B.A.No.43 of 2010. 2. In Crime No.716 of 2009, the offence alleged against the petitioners is under Section 402 of the Indian Penal Code, while in Crime No.719 of 2009, the offences alleged against the petitioners are under Sections 362 and 395 of the Indian Penal Code. 3. The prosecution case in Crime No.716 of 2009 is that on 22.11.2009 at about 2.45 PM, the accused persons were found in suspicious circumstances in a car near Thalassery Railway Station. B.A. NOS.42 & 43 OF 2010 :: 2 :: On a search of the vehicle, it was found that two iron pipes and knife were kept concealed in the car. Some of the persons who were found inside the car were arrested by the police. It is alleged that the petitioners ran away and, therefore, they could not be arrested. 4. During the investigation of Crime No.716 of 2009, it was revealed that petitioners 2 and 3 (N.Rajesh and O.K.Jithesh) in B.A.No.42 of 2010 and some other accused, who were arrested, were involved in Crime No.719 of 2009. The allegation therein is that on 19.11.2009, the accused persons abducted a person and took away Rupees Two lakhs from him. 5. The petitioners surrendered before Court on 9.12.2009 and they were remanded to judicial custody. 6. As per the order dated 4.1.2010 in B.A.Nos.7548 of 2009 and 7549 of 2009, bail was granted to accused Nos.2 and 3. However, bail was denied to accused No.1, on the ground that he was involved in several other cases. 7. The position of the petitioners herein is similar to that of B.A. NOS.42 & 43 OF 2010 :: 3 :: accused Nos.2 and 3 and, therefore, it is only proper to grant bail to the petitioners. 8. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each in each case with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thalassery, 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 for two months and thereafter on every Monday, 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 Applications are allowed as above. (K.T.SANKARAN) Judge ahz/