IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Bail Appl..No. 2933 of 2009 CRIME NO.125 OF 2009 OF KAZHAKUTTOM POLICE STATION CRL.M.P.NO.2066 OF 2009 OF JFCM II, ATTINGAL. PETITIONERS/A1,A5 AND A6 ----------------------------------- 1. MUHAMMED SHAHIN,(A1),S/O.SHAMSUDEEN, MANAKATTUVILAKOM VEEDU,NEAR BLOCK OFFICE, VADAKKUMBHAGOM,KAZHAKUTTOM VILLAGE. 2. SADATH,S/O.SHANAVAS,(A5), VARUVILAKATHU VEEDU, NEAR SREEKRISHNA THABUK COMPANY, KAZHAKUTTOM VILLAGE. 3. SHAMEER,S/O.SHAHUL HAMEED,(A6), SHAMEER MANZIL,NEAR AMBALAPALLY JUNCTION, VADAKKUMBHAGOM MURI,KAZHAKUTTOM VILLAGE. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENT: --------------- THE CIRCLE INSPECTOR OF POLICE, KAZHAKUTTOM POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2933 OF 2009 ------------------------------------------------------ Dated this the 5th June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 5 and 6 in Crime No.125 of 2009 of Kazhakuttom Police Station. 2. The offence alleged against the petitioners are under Sections 143, 147, 148, 149, 302 and 120-B of the the Indian Penal Code and Section 27 of the Arms Act. 3. The petitioners moved a Bail Application earlier, which was dismissed on 23.5.2009. The petitioners were arrested on 10.3.2009 and they are in judicial custody. Learned Public Prosecutor submitted that there are seven accused persons in the case and the seventh accused is yet to be arrested. The investigation is not over, though a major part of the investigation is completed. Learned Public Prosecutor also submitted that if the petitioners are released on bail, there is likelihood of a clash between the two groups, which may result in further loss of life. B.A. NO. 2933 OF 2009 :: 2 :: 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. 5. 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, Attingal, 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 petitioners shall not enter the limits of Kazhakkuttom Police Station until further orders, except for 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; B.A. NO. 2933 OF 2009 :: 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 ahz/