IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 Bail Appl..No. 7854 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.6586/2011 Dated 19/08/2011 CMP.5987/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.791 OF 2011 OF HOSDURG POLICE STATION .................... PETITIONERS/ACCUSED NO.1 & 2 : ----------------------------- 1. UMMER C.K., S/O. KRISHNAN, AGED 34 YEARS, HOSDURG, KADAPPURAM, NEAR HOSDURG MASJID. 2. SHAMSU.H.K., S/O. C.H.IBRAHIM, AGED 30 YEARS, BUSHRA MANZIL,HOSDURG KADAPPURAM. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,KOCHI-31. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7854 of 2011 ---------------------------------------------- Dated this the 30th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.791 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 341, 447, 323, 324 and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 25/07/2011. The petitioners surrendered before the Investigating Officer on 01/08/2011 and they were remanded to judicial custody on the same day. 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 offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners. Bail Appln.No.7854/2011 : 2 : 5. The petitioners shall be released on bail on their executing bond for `25,000/-(Rupees Twenty five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, 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, 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 petitioner shall not enter into the limits of Hosdurg Police Station for a period of one month except for the purpose of complying with Conditions 'A' and 'B'. 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. Bail Appln.No.7854/2011 : 3 : 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 skj