IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 Bail Appl..No. 4140 of 2009 CRIME NO.130 OF 2009 OF KASARAGOD POLICE STATION CMP.1987/2009 of J.M.F.C.,KASARAGOD PETITIONERS/ACCUSED 2 AND 3: ------------------------------------------------ 1. ABOOBACKER, AGED 28 YEARS, S/O.ABDULLA, PUTHIYADUKKAM HOUSE, RAHMATH NAGAR, KASABA GRAMAM, CHALA, KASARAGODE. 2. SAINUDDEEN, AGED 33 YEARS, S/O.ABDULLA, RESIDING DO. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE: --------------------------------- 1. THE SUB INSPECTOR OF POLICE, KASARAGODE POLICE STATION. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/07/2009, ALONG WITH BA NO. 4203 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS. 4140 & 4203 OF 2009 ------------------------------------------------------ Dated this the 30th July, 2009 O R D E R B.A.No.4140 of 2009 is filed by accused Nos.2 and 3 and B.A.No.4203 of 2009 is filed by the first accused in Crime No.130 of 2009 of Kasaragod Police Station for bail under Section 439 of the Code of Criminal Procedure. 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. It is submitted by the learned counsel for the petitioners that there was a clash between members of two political parties, which resulted in the registration of the crime. It is also submitted that there is a counter case as Crime No.129 of 2009 and in that case, the accused were enlarged on bail. 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 B.A. Nos.4140 & 4203 OF 2009 :: 2 :: investigation and also taking into account the submission that the disputes and differences between the parties have been settled, I am of the view that bail can be granted to the petitioners. 5. The petitioners shall be released on bail on their executing bond for Rs.15,000/- each with two solvent sureties 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 appear before the investigating officer for interrogation as and when required; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Applications are allowed as above. (K.T.SANKARAN) Judge ahz/