IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 Bail Appl..No. 3518 of 2009 CRIME NO.236 OF 2008 OF KUTHUPARAMBA POLICE STATION CMP.1915/2009 of J.M.F.C.,KUTHUPARAMBA PETITIONERS:ACCUSED NOS.2,4, & 6: ----------------------------------------- 1. V.C.RASIK, S/O.AHAMED, AGED 27 YEARS, DRIVER, RESIDING AT RASIKA MANSIL, NETTUR (A2). 2. KOOLINTAVIDA NASHIF, S/O.KHADER, 20 YEARS, RESIDING AT KOOLINTAVIDA HOUSE, NETTUR (A4). 3. KOOLINTAVIDA NOUFA, S/O.KHADER, RESIDING AT KOOLINTAVIDA HOUSE, NETTUR (A6). BY ADV. SRI.SALIM V.S. RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SHO, KOOTHUPARAMBA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3518 OF 2009 ------------------------------------------------------ Dated this the 1st July, 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.2, 4 and 6 in Crime No.236 of 2008 of Kuthuparamba Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 324, 367 and 506(II) read with Section 149 of the Indian Penal Code. 3. The incident alleged occurred on 14.6.2008. The petitioners were arrested on 15.6.2009 and they are in judicial custody. Learned counsel for the petitioners submitted that the disputes between the parties were really settled, but it could not be implemented due to various reasons. 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. 3518 OF 2009 :: 2 :: 5. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kuthuparamba, 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 ahz/