IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Bail Appl..No. 3983 of 2009() ----------------------------- CRIME NO.432/2009 OF HOSDURG POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. NOUFAL P., S/O.MOHAMMED, AGED 20 YEARS, (A-2), PUTHIYAKANDAM HOUSE, KALLOORAVI, KANHANGAD, KASARAGOD DISTRICT. 2. UMAIR P., S/O.USMAN, 19 YEARS, (A-3), FATHIMA QUARTERS, NORTH KALLOORAVI, KASARAGOD DISTRICT. 3. SAMAD P., S/O.C.K.KUNHIMOIDEEN KUTTY, AGED 19 YEARS, (A-5), KANDATHIL HOUSE, KALLOORAVI, KASARAGOD DISTRICT. 4. SHERIF M.A., AGED 19 YEARS, S/O.KUNHABDULLA, (A-4), M.A.HOUSE, KALLOORAVI NORTH, KASARAGOD DISTRICT. BY ADV. SMT.P.K.PRIYA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING, S.H.O.HOSDURG POLICE STATION, KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------- B.A.No.3983 of 2009 ------------------------------ Dated this the 22nd day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are the accused Nos.2, 3, 5 and 4 respectively in Crime No.432 of 2009 of Hosdurg Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 324, 153A and 307 read with Section 149 of the Indian Penal Code. 3. The incident occurred on 16.6.2009. Accused Nos.2, 3 and 5 surrendered before court on 20.6.2009. The 4th accused was arrested on 19.6.2009. All of them are in judicial custody. 4. The petitioners filed B.A.No.3592 of 2009 for regular bail which was dismissed by me on 3rd July 2009 as per Annexure A2 order. The investigation has progressed much. 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 conditions. BA No.3983/2009 2 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-I, Hosdurg, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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 Hosdurg police station until the final report is filed or until further orders except for complying with conditions (a) and (b). 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 BA No.3983/2009 3