IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Bail Appl..No. 1593 of 2010() ------------------------------------------ CMP.1164/2010 of J.M.F.C.,KASARAGOD CRIME NO.209/2010 OF KASARAGOD POLICE STATION. .................... PETITIONERS/ACCUSD NOS.4 TO 6 & 8-12: -------------------------------------------------------- 1. NOUSHAD M.P., S/O. MUHAMMED, AGED 20 YEARS, BELLOOR HOUSE, MOGRAL PUTHUR, KASARAGOD. 2. ABDUL ASKAR, S/O. B.H.MUHAMMED, AGED 21 YEARS, BELLOOR HOUSE, MOGRAL PUTHUR, KASARAGOD. 3. ABDUL FAISAL B.M., S/O. MUHAMMED K.A., AGED 23 YEARS, BELLOOR HOUSE, MOGRAL PUTHUR, KASARAGOD. 4. MOOSA THANVIR @ THAMMY, S/O. MUHAMMED A.M., AGED 30 YEARS, BELLOOR HOUSE, MOGRAL PUTHUR, KASARAGOD. 5. ABDUL RAZAK M., S/O. MUHAMMED A.M., AGED 22 YEARS, BELLOOR HOUSE, MOGRAL PUTHUR, KASARAGOD. 6. HAMSA B.A., S/O. ABDUL KHADER, AGED 28 YEARS, BELLOOR HOUSE, MOGRAL PUTHUR, KASARAGOD. 7. ABDUL RAHIMAN SAVAD B.A. @ SAVAD, AGED 20 YEARS, S/O. ABDULLA, BELLOOR HOUSE, MOGRAL PUTHUR, KASARAGOD. 8. ABDUL SHERRIF B., S/O. BAPPUNHI, AGED 21 YEARS, BELLOOR HOUSE, MOGRAL PUTHUR, KASARAGOD. BY ADV. SRI.S.JIJI RESPONDENT/COMPLAINANT: ------------------------------------------------ THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/03/2010 ALONG WITH B.A. NO.1635/2010 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos.1593 &1635 of 2010 ------------------------------------ Dated this the 22nd day of March, 2010 O R D E R B.A.No.1593 of 2010 is filed by accused Nos.4 to 6 and 8 to 12 and B.A. No.1635 of 2010 is filed by accused No.14 in Crime No.209 of 2010 of Kasaragod Police Station. 2. The offences alleged against the accused are under Sections 143, 147, 148,153, 324 and 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 6/3/2010. The petitioners in B.A. No.1593 of 2010 were arrested on 7/3/2010, while the petitioner in B.A. No.1635 of 2010 was arrested on 8/3/2010. They are in 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 on stringent conditions. 5. The petitioners shall be released on bail on their executing bond for Rs.25,000/-each with two solvent sureties B.A. Nos.1593 &1635 of 2010 2 each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod 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 surrender their passports before the Court of the Judicial Magistrate of the First Class-I, Kasaragod within one week. If any one of the petitioners does not hold an Indian Passport, an affidavit to that effect, sworn to by him shall be filed before the learned Magistrate within one week; 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; F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. Bail Applications are allowed as above. K.T. SANKARAN, JUDGE scm