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. 1919 of 2009() --------------------------------------- CRIME NO.91/2009 OF BAKEL POLICE STATION PETITOINERS/ ACCUSED: ----------------------------------- 1. ABDULLA @ ABDU, AGED 18 YEARS, S/O.MYMOOD, MUVALL HOUSE, PALLICKARA, KASARAGODE. 2. HUSSAIN, S/O.ABDULLA, AGED 23 YEARS, MUVALL HOUSE, PALLICKARA, KASARAGODE. BY ADV. SRI.S.RAJEEV RESPONDENT/ STATE: ------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.91 OF 2009 OF BAKEL POLICE STATION). SRI. C.K. SURESH, PUBLIC PROSECUTOR 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. 1919 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of April, 2009. ORDER This is a petition filed under Section 438 of Criminal Procedure Code. 2. Petitioners are accused 1 & 3 in Crime No. 91/2009 of Bakel Police Station alleged of having committed offences under Sections 143, 147, 148, 341, 323, 324, 506(ii), 308 r/w Section 149 IPC. They apprehend arrest. 3. The petition is very strongly opposed by the Public Prosecutor, pointing out the nature of offences. The Case Diary was made available for my perusal. The wound certificate discloses that the defacto complainant has suffered very minor injuries. There is some substance in the contention taken by the learned counsel for the petitioners that offence under Section 308 IPC was included with the intention of harassing the petitioners. On going through the entire records I deem it proper to allow the petition. The application is allowed as follows: 1) Petitioners shall surrender before the B.A. No. 1919/2009 -:2:- Magistrate Court concerned within two weeks from today and move application for regular bail, which the learned Magistrate may dispose of in accordance with law. 2) If, in the meanwhile, petitioners are sought to be arrested, they shall be released on bail on each of them executing a bond for a sum of Rs. 25,000/-(Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the investigating officer. 3) Petitioners shall make themselves available for interrogation as and when required by the investigating officer. 4) Petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. P. BHAVADASAN, JUDGE ttb.