IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 Bail Appl..No. 38 of 2010() ------------------------------- CMP.6736/2009 of J.M.F.C.-I,HOSDURG CRIME NO. 498/2009 OF CHANDERA POLICE STATION, KASARAGOD DISTRICT .................... PETITIONERS/ACCUSED NOS.3 AND 10 : ----------------------------------------------- 1. AHAMMED SHAREEF, S/O.P.P.ABBAS, AGED 33 YEARS, PADNE, PADNE VILLAGE. 2. SULAIMAN, K.P.P, AGED 25 YEARS, S/O.ABDUL RAHIMAN, KIZHAKKE PUTHIYA PURAYIL HOUSE, KANNAMKAI, TRIKARIPUR VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, CHANDERA POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. AMJAD ALI PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 38 of 2010 ------------------------------------ Dated this the 13th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.3 and 10 in Crime No.498/2009 of Chandera Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 15.12.2009. The petitioners were arrested on 25.12.2009 and they were remanded to judicial custody. 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. B.A. No. 38 of 2010 2 5. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties each 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 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 ln