IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 Bail Appl..No. 999 of 2009() ------------------------------- CRIME NO. 40/2009 of CHALISSERY POLICE STATION PETITIONERS/ACCUSED:- ------------------------------- 1. ILLYAS AGED 24 YEARS, S/O. ABDUL AZEEZ, MATTAYA, NJANGATTIRI PO,THRITHALA PACHAYATH, OTTAPALAM TALUK. 2. UMMER ALI, AGED 24 YEARS S/O.MOIDEEN, KUNDYL PEEDIKAYIL VEEDU VATTOLI, NELLIKKATTERI,THRITHALA PANCHAYATH. OTTAPALAM TALUK. BY ADV. MS. V.SHYLAJA MR. A.T.ANILKUMAR RESPONDENTS/ COMPLAINANT:- ------------------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SUB INSPECTOR OF POLICE CHALISSERY POLICE STATION. ADV. MR. K.S. SIVAKUMAR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No. 999 of 2009 - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2009. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are the accused in Crime No. 40 of 2009 of Chalissery Police Station for offences punishable under Sections 143, 147, 148, 324 and 307 r/w Section 149 I.P.C., and under Section 3(2)(V) of SC/ST Prevention of Atrocities Act seek their enlargement on bail. The petitioners were arrested on 20.02.2009. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by 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, each of the petitioners are directed to be released on bail with effect from 16.03.2009 on their executing a bond for Rs. 10,000/- (Rupees ten thousand only) each with two solvent sureties each for the like amount to the satisfaction of the Munsiff's Magistrate Court, Pattambi and subject to the following conditions: B.A. No.999/2009 : 2 : 1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioners shall make themselves available for interrogation as and when required by the police at any time till the filing of the final report. 3.. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. 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. Dated this the 4th day of March, 2009. V.RAMKUMAR, JUDGE. rv B.A. No.999/2009 : 2 :