IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 Bail Appl..No. 10443 of 2011 CRIME NO.1412 OF 2011 OF KAYAMKULAM POLICE STATION PETITIONERS: ACCUSED NOS.4,5 AND 6: ------------------------------ 1. RAPHY,AGED 24,S/O.HUSAIN, ELLATHU VADAKKATHIL,ERUVA MURI, PATHIYOOR VILLAGE 2. SHUKKOOR,AGED 40, S/O.ALIYARKUNJU, PLAMOOTTIL PADEETTATHIL,KANNANPALLIBHAGAM MURI, KEERIKKAD VILLAGE (FROM KUNNAMPALLI, PADEETHATHIL VEEDU),ERUVA MURI, PATHIYOOR VILLAGE 3. SIDIQUE,AGED 32, S/O.POOKUNJU,VALIYAPARAMBIL VEEDU, ERVA MURI, PATHIYOOR VILLAGE BY ADV. SRI.K.R.SUNIL RESPONDENT: COMPLAINANT: --------------- SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-690 502 PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 10443 OF 2011 ------------------------------------------------------ Dated this the 20th day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are respectively accused Nos.4, 5 and 6 in Crime No.1412 of 2011 of Kayamkulam Police Station. 2. The offences alleged against the accused are under Sections 143, 146, 147, 148, 149, 294(b), 506(ii), 109 and 332 of the Indian Penal Code. 3. The prosecution case is that on 4.12.2011, the accused persons, who were dissatisfied with the seizure of five tipper lorries engaged in reclamation of paddy lands in violation of the order passed by the Revenue Divisional Officer, obstructed the police station and the traffic by putting across a tipper lorry and a WagonR Car. They also obstructed the discharge of official duties by the policemen. It is also alleged that the accused attacked the policemen. The petitioners were arrested on 4.12.2011 and they were remanded to judicial custody. BAIL APPL. NO.10443 OF 2011 :: 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. 5. The petitioners shall be released on bail on their executing bond for Rupees Twenty five thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kayamkulam, 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; BAIL APPL. NO.10443 OF 2011 :: 3 :: 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 ahz/