IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 Bail Appl..No. 6521 of 2009() ------------------------------------- CMP.13942/2009 of J.M.F.C., KAYAMKULAM CRIME NO. 829/ 2009 OF KAYAMKULAM POLICE STATION .................... PETITIONER/3RD & 8TH ACCUSED: -------------------------------------------------- 1. SHARIK, S/O.SHAMSUDEEN, AGED 19, S.H.COTTAGE, EDAKULANGARA, KARUNAGAPPALLY. 2. AZHARUDEEN, S/O.ABDUL SAMAD, AGED 19, KALLUMPURATH, EDAKULANGARA, KARUNAGAPPALLY. BY ADV. SRI.K.R.SUNIL RESPONDENT/COMPLAINANT: ------------------------------------------- THE SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY SRI. V. S. SALIM PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6521 of 2009 ------------------------------------ Dated this the 11th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.3 and 8 in Crime No. 829/2009 of Kayamkulam Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 326, 427 and 308 read with Section 149 of the Indian Penal Code and Sections 7(b) and 27(2) of the Arms Act. 3. The prosecution case is that on 27.10.2009 at 2.30 P.M., the accused persons, 18 in number, who belong to the students' organization called “Campus Front” attacked the defacto complainant and others with deadly weapons like iron road and caused injuries to them. The petitioners were arrested on 28.10.2009. The incident took place in M.S.M. College, Kayamkulam. The allegation is that the students belonging to “Campus Front” attacked the defacto complainant on the day of the inauguration of the College Union. 4. The petitioners are students. The victims are also B.A. No. 6521 of 2009 2 students. In the facts and circumstancs of the case, I do not think that the petitioners need be detained in judicial custody further. 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. 6. The petitioners shall be released on bail on their executing 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, Kayamkulam subject to the following conditions:- A) The petitioners shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Sundays and between 5 P.M. and 7 P.M. on all Wednesdays, 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 B.A. No. 6521 of 2009 3 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. 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