IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 30TH DECEMBER 2011 / 9TH POUSHA 1933 Bail Appl..No. 10906 of 2011() ------------------------------ (Crime No.330/2011 of Valayam Police Station, Kozhikode District) PETITIONERS/ACCUSED NOS.1, 5 AND 6 ------------------------------ 1. AFSAL, S/O.ALI HASSAN, AGED 19 EECHAROTH HOUSE, BHOOMIVATHUKKAL, VANIMEL 2. ABDUL LATHEEF, S/O.IBRAHIM, AGED 42, PUTHUKKUDI HOUSE, CHERUMOTH, VANIMEL. 3. BASHEER, S/O.AMMED, AGED 28 YEARS, ARAPPEDIKKAYIL HOUSE, VALAYAM,CHERUMOTH. BY ADV. SRI.K.ABDUL JAWAD RESPONDENT/COMPLAINANT: --------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM PUBLIC PROSECUTOR, SRI.P.S.ABDUL KAREEM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30.12.2011, THE COURT ON THE SAME DAYPASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------- B.A.No.10906 OF 2011 ----------------------------- Dated this the 30th day of December, 2011 O R D E R ~~~~~~~ Petition under Section 439 of the Code of Criminal Procedure. Petitioners are the accused Nos. 1, 5 and 6 in Crime No. 330/2011 of Valayam Police Station for offences punishable under Sections 143, 145, 147, 148, 353, 332 and 153(A) read with 149 I.P.C. and Sections 3 and 5 of Explosive Substance Act. They are in custody since 9.12.2011. Their application for bail was dismissed by the Sessions Judge by Annexure-B order. Now this petition. 2. Having heard either side and taking note that the 1st accused is only 19 years old, I find that the petitioners can be enlarged on bail on stringent conditions. 3. In the result, this petition is allowed and there will be an order directing the Judicial Magistrate of the 1st Class, Nadapuram to release the petitioners on bail on the following conditions: B.A.No.10906/2011 2 i) The petitioners shall report before the Investigating Officer at 10 a.m on every Friday. ii)They shall not enter Kozhikode District except for reporting before the Investigating Officer. iii)Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. (P.S.GOPINATHAN, JUDGE) ps/30/12