IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 Bail Appl..No. 1294 of 2010() ---------------------------------------- CRIME NO.484/2009 OF BEKAL POLICE STATION, KASARAGOD. PETITIONERS/ACCUSED NOS. 7 & 8: ------------------------------------------------- 1. ALAMEEN M.H., AGED 21 YEARS, S/O.HASSAINAR, MANGAD (H), POST BARA, UDUMA, HOSDURG TALUK, KASARAGOD DISTRICT. 2. SAYID, AGED 21 YEARS, S/O.ABDUL KHADER, MANGAD HOUSE, POST BARA, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT/COMPLAINANT AND STATE: ------------------------------------------------------------------ 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO. 484/2009 OF BEKAL POLICE STATION) KASARAGOD DISTRICT. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/03/2010 ALONG WITH B.A. NO.1296 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos. 1294 & 1296 of 2010 --------------------------------------- Dated this the 5th day of March, 2010 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.7 and 8 in Crime Nos.484 of 2009 and 482 of 2009 of Bakel Police Station, Kasaragod District. 2. B.A.No.1294 of 2010 relates to Crime No.484 of 2009, in which, the offence alleged against the petitioners is under Section 397 of the Indian Penal Code. B.A.No.1296 of 2010 relates to Crime No.482 of 2009 and the offence alleged against the petitioners is under Section 306 of the Indian Penal Code. 3. The prosecution case is that on 24.12.2009, one Gangadharan committed suicide at his residence. There was a suicide note in which mention is made about some persons having attacked him and having robbed Rs.20,000/- and a gold ring from him. 4. The prosecution case is that the accused persons, who are friends, used to gather at a bus stop near a sawmill and used to sit there at odd hours. They used to take drinks there. The B.A. Nos. 1294 & 1296 of 2010 2 allegation is that at about 1 A.M., on 24.12.2009, while Gangadharan was walking through that side to his house, he was attacked by the accused persons and the offences mentioned above were committed. Because of the incident, Gangadharan committed suicide. 5. Crime No.482 of 2009 was registered under Section 174 of the Code of Criminal Procedure. Investigation was conducted. Investigation revealed that the accused persons committed the offence. Accordingly, in Crime No.482 of 2009 Section 306 IPC was incorporated. Crime No.484 of 2009 was registered for the offence under Section 395 of the Indian Penal Code which was subsequently altered to 397 IPC. 6. As per the order dated 27/01/2010 in B.A. Nos. 160 & 363 of 2010, bail was granted to accused Nos. 1 to 5. 7. 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. B.A. Nos. 1294 & 1296 of 2010 3 8. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each in each case with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, 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 and Thursdays for a period of two months and thereafter, 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 enter into the limits of Bakel Police Station for a period of two months except for complying with conditions A and B; D) The petitioners shall surrender their passports before the Court of the Judicial Magistrate of the First Class II, Hosdurg within one week. If any of the petitioners does not hold an Indian Passport, an affidavit to that effect, sworn to by the person concerned, shall be filed before the learned Magistrate within one week; E) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; B.A. Nos. 1294 & 1296 of 2010 4 F) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; G) 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