IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 Bail Appl..No. 5184 of 2009() ----------------------------- CRIME NO.605/2009 OF CHADAYAMANGALAM POLICE STATION, KOLLAM .................... PETITIONERS/ACCUSED --------------------------------------- 1. MUHAMMED RAFI @ RAFI, S/O.FASILUDHEEN, THANNIPURATHU VEEDU, MADAN NADA, POONGOTTU MURI, CHADAYAMANGALAM VILLAGE. 2. PREMSHAD @ AAMU, S/O.SAINULABDEEN, SHAMNAD MANZIL, MADAN NADA, POONGOTTU MURI, CHADAYAMANGALAM VILLAGE. 3. SHAMSUDHEEN, S/O.PAVIRU KANNUR, SHARAFUDHEEN MANZIL, MADAN NADA, POONGOTTU MURI, CHADAYAMANGALAM VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.605 OF 2009 OF CHADAYAMANGALAM POLICE STATION). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5184 of 2009 --------------------------------------------- Dated this the 15th day of September, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2, 5 and 6 in Crime No.605 of 2009 of Chadayamangalam Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 326 and 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 1.9.2009. The petitioners were arrested on 2.9.2009 and they were remanded to judicial custody. The learned counsel for the petitioners relied on Annexures 1 and 2 affidavits to show that the matter has been settled between the parties. At this stage, the acceptability or otherwise of the affidavits need not be considered. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners and the nature of the offence, I am of the view that bail can be granted to the petitioners. BA No. 5184/2009 2 The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kottarakara, subject to the following conditions: a) The petitioners shall appear before the investigating officer for interrogation as and when required; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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 BA No. 5184/2009 3