IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 Bail Appl..No. 2448 of 2009() ----------------------------------- CRIME NO.279/2009 OF KASARGOD POLICE STATION PETITIONERS/ACCUSED : ------------------------------ 1. SAHAIL,S/O.USMAN ALI, RIZWAN MANZIL, T.A.C.ROAD,KUMBLA, KASARAGOD. 2. MOHAMMED ASLAM,S/O.MEHMOOD,K.M.HOUSE, CERAMICS ROAD,THERUVATH,KASARAGOD. 3. SAMSUDHEEN, S/O.ABDUL RAZAK,MASKHOOD MANZIL,CERAMICS ROAD,THERUVATH,KASARAGOD. 4. ALI HASSAN,S/O.HUMAYUN,AMANIYA MANZIL, NONAMOK, KORKAD, KASARAGOD. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT/STATE : -------------------------- THE STATE OF KERALA,REPRESENTED BY THE STATION HOUSE OFFICER,KASARAGOD POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 2448 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 21st day of May, 2009 O R D E R The accused in Crime No. 279/2009 of Kasaragod Police Station are the petitioners in this Bail Application filed under section 438 Cr.P.C. The offences alleged against the petitioners are under sections 324, 308 read with section 34 IPC. 2. The prosecution case is that when the de facto complainant and one Shaji came on a motor bike, accused Nos.1 to 4 tried to obstruct the motor bike. At that time, accused 2 and 3 came with a laterite stone and the 2nd accused pelted the stone towards the de facto complainant, but the de facto complainant escaped. It is also stated that there was some previous enmity between the parties. In the nature of offence and in the facts and circumstances of the case and taking into account the fact that no serious injuries are sustained by the de facto complainant, I am inclined to allow this application to the extent indicated below. 3. The petitioners shall surrender before the Investigating officer within ten days from today and in the event of their arrest, they shall be released on bail on their executing a bond for BA 2448/09 2 Rs.20,000/- each with two solvent sureties each for the like amount to the satisfaction of the Investigating Officer. The anticipatory bail shall be in force for a period of one month. The petitioners shall seek regular bail before the expiry of the said period of one month. The petitioners shall not try to interfere with the smooth investigation of the case or try to influence the witnesses. The petitioners shall not indulge in any prejudicial activities during the period in which they are on bail. K.T. SANKARAN, JUDGE. mn.