IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 Bail Appl..No. 7203 of 2009() ----------------------------- CRIME NO.412/2009 OF BEKAL POLICE STATION PETITIONER/ACCUSED NO.1,2,6,7 & 8. ------------------------------------------------------ 1. MUHAMMAD SAYI B, S/O.KUNHAMAD, AGED 28 YEARS, BARIKKAD HOUSE, CHETTUKUNDU, KEEKKAN VILLAGE, KASARAGOD DISTRICT. 2. ABU HANEEFA.M, S/O.MUHAMMED SHAFI, AGED 26 YEARS, BARIKKAD HOUSE, CHETTUKUNDU, KEEKKAN VILLAGE, KASARAGOD DISTRICT. 3. JAFFER K.S., S/O.BASHEER, AGED 20 YEARS, KHALEEL MANZIL, CHETTUKUNDU, KEEKKAN VILLAGE, KASARAGOD DISTRICT. NOW RESIDING AT PALLIPUZHA. 4. IRFFAN.M.K.B, S/O.HAMEED, AGED 20 YEARS, SIJINA MANZIL, CHETTUKUNDU,KEEKKAN VILLAGE, KASARAGOD DISTRICT. 5. HABEEB RAHMAN M, S/O.MUHAMME SALI, AGED 19 YEARS, KADAVATH HOUSE, CHETTUKUNDU,KEEKKAN VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.JACOB E SIMON RESPONDENT(S): RESPONDENT / COMLAINANT. --------------------------------------- THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, BAKAL POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7203 of 2009 --------------------------------------------- Dated this the 8th day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 2, 6, 7 & 8 in Crime No.412 of 2009 of Bekal Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 332 and 308 read with Section 149 of the Indian Penal Code and Section 3(1) of the PDPP Act. 3. The prosecution case is that on 16.11.2009, the accused persons, 20 in number, formed themselves into an unlawful assembly, blocked the public road, pelted stones against the police and destroyed the public property. Accused Nos.1 and 2 were arrested on 18.11.2009 while accused Nos.6, 7 and 8 were arrested on 23.11.2009. 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 the petitioners on stringent conditions. BA No.7203/2009 2 The petitioners shall be released on bail on their executing bond for Rs.50,000/- 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 every Monday, Wednesday and Saturday for a period of two months and thereafter 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 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 Application is allowed as above. K.T.SANKARAN, JUDGE csl