IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 Bail Appl..No. 7548 of 2009() ------------------------------------ CRIME NO. 716/2009 OF THALASSERY POLICE STATION .................... PETITIONERS/ACCUSED 1 – 3 : ------------------------------------ 1. K.K. NOUSHAD, S/O. ABOOBACKER, AGED 29 YEARS, KANIYAKUNNU HOUSE, KUTTIYATTOOR.P.O, PAVANOOR MOTTA, THALASSERY TALUK. 2. N.P. AZEEZ @ ABDUL AZEEZ, AGED 28 YEARS, S/O. ABDUL SALAM, KUNNATHAYIL HOUSE, P.O. PATTANNUR, AYIPUZHA. 3. PRASAD @ MANI, S/O. NARAYANAN, AGED 31 YEARS, JANAKI QUARTERS, KALAMANDIRAM, MELUR, THALASSERY TALUK, KANNUR DISTRICT. BY ADVS. 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. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/01/2010 ALONG WITH B.A. NO. 7549/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7548 and 7549 of 2009 ------------------------------------ Dated this the 4th day of January, 2010 O R D E R Bail Application No.7548/2009 relates to Crime No. 716/2009 of Thalassery Police Station, while Bail Application No. 7549/2009 relates to Crime No.719/2009 of the same Police Station. In both cases, the petitioners are accused Nos. 1 to 3. In Crime No.716/2009, the offence alleged against the petitioners is under Section 402 of the Indian Penal Code, while in Crime No.719/2009, the offences alleged against the petitioners are under Sections 362 and 395 of the Indian Penal Code. The petitioners were arrested on 22.11.2009 and they are in judicial custody since then. The petitioners have filed these applications under Section 439 of the Code of Criminal Procedure. 2. The prosecution case is that on 22.11.2009, at about 2.45 P.M., the accused persons were found in a car near Thalassery Railway Station, in suspicious circumstances. On inspection, the police found two iron pipes and knife inside the car. The petitioners were arrested on 22.11.2009. During B.A. No. 7548 and 7549 of 2009 2 investigation, it was revealed that the petitioners are involved in Crime No.719/2009 where the allegation is that on 19.11.2009, the petitioners abducted a person and took away Rs.2,00,000/- from him. 3. It is submitted by the learned Public Prosecutors that the first accused is involved in three other cases, two of which are robbery cases, while in the third one, offence under the Arms Act is alleged. It is submitted that it is not safe to release the first petitioner on bail at this stage, as it is most likely that he may commit offence of similar nature while on bail. The submission made by the learned Public Prosecutors deserves acceptance, in the peculiar facts and circumstances of the case. 4. 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 petitioners 2 and 3. I am not inclined to grant bail to the first accused (first petitioner) at this stage. 5. Petitioners 2 and 3 shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties B.A. No. 7548 and 7549 of 2009 3 each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thalassery subject to the following conditions:- A) Petitioners 2 and 3 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) Petitioners 2 and 3 shall appear before the Investigating Officer for interrogation as and when required. C) Petitioners 2 and 3 shall not try to influence the prosecution witnesses or tamper with the evidence. D) Petitioners 2 and 3 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 dismissed in so far as it relates to the first petitioner(first accused-K.K.Naushad) and the Bail Applications are allowed in so far as it relates to petitioners 2 and 3 (accused Nos. 2 and 3). K.T. SANKARAN, JUDGE B.A. No. 7548 and 7549 of 2009 4 ln