IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 1ST MARCH 2007 / 10TH PHALGUNA 1928 Bail Appl..No. 1248 of 2007 ----------------------------- CMP.405/2007 of MUNI-MAGI.COURT,PONNANI CRIME NO.32/2007 OF PERUMPADAPPU POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- 1. AKBAR (A1), S/O.MUHAMMEDALI, ACHARINTAKATH, AYIROOR AMSOM, KAPPIRIKKAD BEACH. 2. YUSUFF (A2), S/O.MUHAMMADALI, ACHARINTAKATH HOUSE, AYIROOR AMSOM DESOM, KAPPIRIKKAD BEACH. 3. ARAVINDAKSHAN (A4), S/O BALAN, POORADAMPURAKKAL HOUSE, AYIROOR AMSOM, KAPPIRIKKAD BEACH. 4. SIRAJUDHEEN (A7), MARAKKARATH HOUSE, S/O SAYED MUHAMMED, AYRIOOROAM AMSOM, PALAPETTI. 5. ANSAR (A8), S/O KUNHIMON, VALIYIL HOUSE, AYIROOR AMSOM DESOM, PALAPETTY. 6. NISHAD (A9), S/O.HAMSA, THANDANKOLIVYIL (H), AYIROOR AMSOM, DESOM. BY ADV. SRI.K.J.SAJI ISAAC RESPONDENTS: ------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------- Bail Application No. 1248/2007 ----------------------------- Dated this 1st day of March, 2007 O R D E R The petitioners who are accused Nos. 1, 2, 4, 7, 8 and 9 in Crime No.32/2007 of Perumpadappu Police Station for offences punishable under Sections 143, 147, 148, 324 and 308 IPC read with Section 149 IPC, seek their enlargement on bail. The occurrence took place at 9.00 p.m on 12.2.2007. The petitioners were arrested on 14.2.2007. 2. The learned Public Prosecutor opposed the application. 3. In as much as the fourth petitioner, who is the seventh accused, named Sirajudheen in the case, had allegedly committed the offence at a time when he was on bail granted by this Court in B.A.No.7229/2006 in crime No.214/2006 of the very same police station, he cannot be granted bail in the present case. But I am inclined to grant bail to the remaining accused. 4. Accordingly, the petitioners 1 to 3, 5 and 6 who are accused Nos. 1, 2, 4, 8 and 9 are directed to be released on bail on each of them executing a bond for Rs. 10,000/- (Rupees ten thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M, Ponnani, and subject B.A.1248/2007 2 to the following conditions: (a). The petitioners 1 to 3, 5 and 6 shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. (b). The petitioners 1 to 3, 5 and 6 shall make themselves available for interrogation as and when required by the police till the filing of the final report. (c). The petitioners 1 to 3, 5 and 6 shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. (d). The petitioners 1 to 3, 5 and 6 shall not commit any offence while on bail. 4. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. The application is allowed in part as above. V.RAMKUMAR, JUDGE mrcs B.A.1248/2007 3