IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 Bail Appl..No. 1594 of 2010() ---------------------------------- CMP.995/2010 of J.M.F.C.-II,HOSDRUG CRIME NO. 133/2010 OF NILESHWAR POLICE STATION, KASARAGOD DISTRICT .................... PETITIONER/ACCUSED : ---------------------------- 1. SHAMSHAD E., S/O.MUHAMMEDKUNHI, AGED 23 YEARS, KOTTAPPURAM, NILESHWAR VILLAGE. 2. E.ABDUL SAMEEHU, S/O.E.M.KUTTYAJI, AGED 24 YEARS, KOTTAPPURAM, NILESHWAR VILLAGE. 3. RAMSHEED T.C., S/O.IBRAHIM, AGED 20 YEARS, KOTTAPPURAM, NILESHWAR VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, NILESHWAR POLICE STATION, KASARAGOD DISTRICT, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/03/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1594 of 2010 ------------------------------------ Dated this the 18th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos. 4, 7 and 8 in Crime No. 133/2010 of Nileshwar Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 28.02.2010, the accused persons, who belong to Indian Union Muslim League attacked the de facto complainant and his friends, who are workers of Indian National League. The de facto complainant and his friends sustained injuries. The petitioners were arrested on 04.03.2010 and they were remanded to judicial custody. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. B.A. No. 1594 / 2010 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. 6. The petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Hosdurg 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 one month and thereafter on 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. B.A. No. 1594 / 2010 3 E) 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 ln