IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 Bail Appl..No. 8001 of 2008() ----------------------------- CMP.6872/2008 of J.M.F.C.,KASARAGOD CRIME NO.391/08 OF MANJESWAR POLICE STATION PETITIONERS/ ACCUSED NOS.A1 TO A4, A8 AND 10 ---------------------------------------------------------------- 1. APPI @ RAFEEQ,AGED 24 YRS,S/O.HAMEED HAJI, R/AT PRATHAP NAGAR,P.O.UPPALA, KASARAGOD DISTRICT. 2. HARIS,AGED 18 YEARS,S/O.ABDUL HAMEED, R/AT SONKAL,PRATHAP NAGAR,UPPALA.P.O, KASARAGOD DISTRICT. 3. THOUSIF, AGED 19 YRS,S/O.BAPAKUNHI, R/AT SONKAL HOUSE, UPPALA.P.O,KASARAGOD DIST. 4. FAISAL @ MUHAMMED FAISAL, AGED 21 YRS, S/O.ISMAIL,R/AT SONKAL, PRATHAP NAGAR,UPPALA.P.O, KASARAGOD DISTRICT. 5. SALEEM, AGED 30 YEARS,S/O.MUHAMMED SULAIMAN, R/AT PRATHAP NAGAR,UPPALA.P.O, KASARAGOD DISTRICT. 6. ASHRAF KUKK, AGED 35 YEARS,S/O.BASHEER, R/AT PRATHAP NAGAR,SONKAL, UPPALA.P.O,KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. STATE-REPRESENTED BY P.PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE STATION HOUSE OFFICER,(CR.NO.391 OF MANJESHWAR POLICE STATION),KASARAGOD DISTRICT. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 8001 of 2008 ----------------------------------------- Dated this the 13th January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 324, 326, 308 and 149 of the Indian Penal Code. According to prosecution, petitioners (accused 1, 4, 8 and 10) formed into an unlawful assembly along with other accused armed with deadly weapon like knife, stick etc. and voluntarily caused hurt to de facto complainant by stabbing and beating. He also sustained grievous hurt. The incident happened on 12.12.2008. 3. Accused 1 to 4 and 8 surrendered before the court on 17.12.2008 and accused No.10 was arrested on 16.12.2008. Learned Public Prosecutor submitted that he has no objection in granting bail at this stage of investigation. 4. On hearing both sides, I am satisfied that bail can be granted to petitioners. Hence, bail is granted to petitioners on the following terms and conditions: BA.8001/08 2 i) Petitioners shall execute a bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioners shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. iii). Petitioners shall not enter the limits of the police station within which the crime is registered, except for compliance of condition in clause No.(ii) above. iv) Petitioners shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.