IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 Bail Appl..No. 3578 of 2009() ----------------------------- CMP.1291/2009 of J.F.C.M,KASARAGOD .................... (CRIME NO.177/2009 OF MANJESHWAR POLICE STATION, KASARAGOD) PETITIONERS/ACCUSERS: --------------------------------------- 1. K.M.INTHIYAS, AGED 20 YEARS, S/O.K.K.MAJEED, RAT KUNJATHUR, KUNJATHUR VILLAGE, KASARAGOD DIST. 2. NOUSHAD, AGED 22 YEARS, S/O. ABDUL AZEEZ, RAT KAMKO QUARTERS, MADA, KUNJATHUR, KASARAGOD DISTRICT. 3. ANWAR K.A. AGED 20 YEARS, S/O. ABDUL KAREEM,RAT FATHIMA MANZIL, LAKSHAM VEEDU COLONY,KANJATHUR, KASARAGOD DISTRICT. 4. HARIS.C.,AGED 20 YERS, S/O. SAYYED, RAT FATHIMA MANZIL, LAKSHAM VEEDU COLONY, KUNJATHUR, KASARAGOD DIST. BY ADV. MR.KODOTH SREEDHARAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER MANJESHWAR, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No.3578 of 2009 ------------------------------------ Dated this the 3rd day of July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos. 7, 9, 2 and 10 respectively in Crime No.177/2009 of Manjeshwar Police Station, Kasaragode. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 324 and 308 read with Section 149 of the Indian Penal Code. 3. Accused Nos.7 and 9 were arrested on 16/06/2009, while the accused Nos. 2 and 10 were arrested on 17/06/2009. 4. I have perused the case diary. The learned Public Prosecutor submitted that the investigation is at the final stage. 5. 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. 6. The petitioners shall be released on bail on their B.A. No.3578 / 2009 Page numbers executing a bond for Rs.25,000/-each with two solvent sureties 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 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 scm