IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 24TH APRIL 2009 / 4TH VAISAKHA 1931 Bail Appl..No. 2106 of 2009() ----------------------------- CMP.992/2009 of J.M.F.C.-I, ALUVA CRIME NO.415/2009 OF THRIKKAKARA POLICE STATION. .................... PETITIONER(S)/ACCUSED 1 TO 5: ---------------------------------------------- 1. ALIYAR, S/O. KOCHUNNI, KAPPAPPARAMBIL HOUSE, MALAYIDAMTHURUTHU, KIZHAKKAMBALAM, NOW AT XVIII/614, C/O. SIVAN, NADUTHURUTHU, VAZHAKKULAM. 2. SHANAVAS, S/O. ALIYAR, PUTHUKKADAN HOUSE, NEAR MOSQUE, VAZHAKKULAM. 3. SAITHU MUHAMMED, S/O. ASSAINAR, KARUKUNNEL HOUSE, MALAYIDATHURUTHU, NEAR MOSQUE, VAZHAKKULAM. 4. RAFEEQ, S/O. SAITHU MUHAMMED, MAROTTIKKAL HOUSE, NEAR NAZRETH SCHOOL, KUNNATHUKARA, MARAMPILLY. 5. SIRAJ, S/O. ALIYAR, MANNOPPARAMBIL HOUSE, MALAYIDAMTHURUTHU, KIZHAKKAMBALAM VILLAGE, BY ADV. SRI.SUNNY MATHEW RESPONDENT(S)/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.M. KAMAPPU. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 2106 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of April, 2009. ORDER This is a petition filed under Section 439 of Criminal Procedure Code seeking bail. 2. Petitioners are accused in Crime No.415 of Thrikkakara Police Station for the offences punishable under Sections 120(B), 143, 147, 148, 308, 326 read with Section 149 Indian Penal Code. 3. The facts are discernible from the order of the court below, copy of which is produced along with this petition. Learned Public Prosecutor vehemently opposes the petition. However, it is seen that the petitioners are in custody from 15.3.2009 onwards. Learned Public Prosecutor was unable to give any cogent reason as to why custody of the petitioners should continue. Petition is therefore allowed as follows: 1) Petitioners shall be released on bail on each of them executing a bond for Rs.10,000/- (Rupees Ten thousand only) with two solvent sureties each for the like sum each to the satisfaction of the JFCM concerned. 2) Petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. P. BHAVADASAN, JUDGE sb.