IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 Bail Appl..No. 1307 of 2009() -------------------------------- CRIME NO. 101/2009 of MULAMTHURUTHY POLICE STATION .................... PETITIONER/ACCUSED 2 AND 3:- ----------------------------------- 1. MUSTAQUE ALAM, AGED 24 YEARS, S/O. ANGU ALAM, MADHYARANGALI POST, SISUPADI GRAMAM, MADHARIKKADU POLICE STATION, JALPADI DISTRICT, WEST BENGAL. 2. MOHAMMED TOPSIDUL, AGED 22 YEARS, S/O. MOIDHEEN, MADHYARANGALI POST, SISUPADI GRAMAM, MADHARIKKADU POLICE STATION, JALPADI DISTRICT, WEST BENGAL. BY ADV. MR. SANIL KUMAR RESPONDENT/COMPLAINANT:- ---------------------------------- STATE OF KERALA, REP. BY S.I OF POLICE, MULAMTHURUTHY POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. =================== Bail Application No. 1307 of 2009 =================== Dated this the 23rd day of March, 2009. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioner who are accused Nos. 2 and 3 in Crime No. 101 of 2009 of Mulamthuruthy Police Station for an offence punishable under Section 420 r/w Section 34 IPC seek their enlargement on bail. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody of the petitioners, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the petitioners. Accordingly, the petitioners are directed to be released on bail on each of them executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties (each of whom shall furnish solvency certificate for the said amount) each for the like amount to the satisfaction of the J.F.C.M-I, Ernakulam and subject to the following conditions: B. A. No.1307/2009 -:2:- 1. The petitioners shall make themselves available for interrogation as and when required by the investigating officer. 2. The petitioners shall not influence or intimidate the prosecution witnesses nor shall she attempt to tamper with the evidence for the prosecution. 3. The petitioners shall not commit any offence while on bail. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE. rv B. A. No.1307/2009 -:3:-