IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 Bail Appl..No. 3504 of 2009() ----------------------------- CRMP.1927/2009 IN CRIME NO.364/2009 OF OTTAPPALAM POLICE STATION .................... PETITIONERS/ACCUSED NOS.1 TO 4, 7-9 ------------------------------------------------------- 1. AMJATH @ AMJATHKHAN, AGED 22 YEARS, S/O. BASHEER AHAMMED, MANGALAMPARAMBIL VEEDU, KAYALPALLA, OTTAPALAM. 2. AYOOB, AGED 21 YEARS, S/O. ABOOBACKER, PERUMPARAMBIL VEEDU, PERUR P.O., PATHIRIPPALA. 3. MONU @ MUSTHAFA, AGED 21 YEARS, S/O. ABDUL KHADER, PERUMPARAMBIL VEEDU, PERUR P.O., PATHIRIPPALA. 4. ABDUL RAHIMAN, AGED 30 YEARS, S/O. MUHAMMED, MANGALAM PARAMBIL VEEDU, KAYALPALLA, AKALUR. (OTTAPALAM TALUK). 5. ABOOBACKER, AGED 31 YEARS, S/O. ABDULRAHIMAN, KARIYATPARAMBIL VEEDU, EAST OTTAPPALAM. 6. MUHAMMEDALI, AGED 29 YEARS, S/O. MUHAMMEDKUTTY, APPAKANDATHIL VEEDU, EAST OTTAPALAM, OTTAPALAM TALUK. 7. USMAN, S/O. HYDRUPPA, AGED 26 YEARS, YARATHINKAL VEEDU, KAYALPALLA, OTTAPALAM TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, OTTAPALAM POLICE STATION, PALAKKAD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/07/2009, ALONG WITH B.A.NO.3505/25009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- B.A.Nos.3504 & 3505 of 2009 ------------------------------------ Dated this the 3rd day of July, 2009 ORDER Bail Application No.3504 of 2009 is filed by accused Nos. 1 to 4 and 7 to 9 while Bail Application No.3505 of 2009 is filed by accused Nos.5 and 6 in Crime No.364 of 2009 of Ottapalam Police Station, under Section 439 of the Code of Criminal Procedure. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 324, 342, 427, 308 and 153(A) read with Section 149 of the Indian Penal Code. 3. The date of occurrence is on 4.6.2009. Accused Nos.5 and 6 were arrested on 5.6.2009. Accused Nos.1 to 4 and 9 were arrested on 17.6.2009 while accused Nos.7 and 8 were arrested on 13.6.2009. All of them are in judicial custody. 4. I have gone through the case diary and the wound certificate. 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 on stringent BA No.3504/2009 2 conditions. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-Ottapalam, subject to the following conditions: a) The petitioners shall report before the DYSP, Ottapalam, on every Monday and Thursday between 9 A.M. and 11 A.M. 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 enter the limits of Ottapalam Police Station except for complying with conditions in a and b, until further orders. d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; 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 csl