IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Bail Appl..No. 10506 of 2011 CRIME NO.457 OF 2011 OF TALIPARAMBA POLICE STATION, KANNUR. PETITIONER/ACCUSED NO. 2,3,4,&6 --------------------------------------------------- 1. IBRAHIM @ IBRAHIM KUTTY, S/O MOIDEEN,AGED 21 YEARS, VAZHA VALAPPIL HOUSE, PATTUVAM KADAVU, PATTUVAM AMSOM, KANNUR DISTRICT. 2. P.SHAMMAS, S/O ABDULLA, AGED 20 YEARS, KAYALA ENDIYIL HOUSE, PATTUVAM KADAVU, PATTUVAM AMSOM, KANNUR DISTRICT. 3. HANEEFA, S/O MOIDEEN, AGED 31 YEARS, THAYYIL HOUSE, PATTUVAM KADAVU, PATTUVAM AMSOM, KANNUR DISTRICT. 4. MUHAMMED KUNHI, S/O MOIDEEN KUTTY, AGED 39 YEARS, VAZHA VALAPPIL HOUSE, PATTUVAM KADAVU, PATTUVAM AMSOM, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT: COMPLAINANT -------------------------- STATE REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, THROUGH S.H.O . THALIPARAMBA POLICE STATION, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 10506 OF 2011 ------------------------------------------------------ Dated this the 22nd day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are respectively accused Nos.2, 3, 4 and 6 in Crime No.457 of 2011 of Taliparamba Police Station, Kannur District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 452, 437 and 395 read with Section 149 of the Indian Penal Code. 3. As per the order dated 2nd December, 2011 in B.A.No.9821 of 2011, bail was granted to accused No.5 with effect from 19.12.2011. Accused No.5 was arrested on 18.11.2011. 4. The petitioners were arrested on 28.11.2011 and they are in judicial custody. BAIL APPL. NO.10506 OF 2011 :: 2 :: 5. 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 investigation, I am of the view that bail can be granted to the petitioners, however, only with effect from 28.12.2011. 6. The petitioners shall be released on bail only on 28.12.2011 on their executing bond for Rupees Twenty five thousand each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Taliparamba, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter on all Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; e) The petitioners shall co-operate with the investigating officer in the matter of investigation; BAIL APPL. NO.10506 OF 2011 :: 3 :: f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/