IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Bail Appl..No. 4976 of 2009() ----------------------------- CMP.3237/2009 of J.M.F.C.,PAYYANNUR CRIME NO. 169/2009 OF PAYYANNOOR POLICE STATION .................... PETITIONER/ACCUSED: -------------------------------------- 1. E.M.P.SHUKKOOR, S/O.ABDULLA, AGED 33 YEARS, ISMAIL MEETHALEPUTHIYAPURAYIL HOUSE PAYYANNOOR AMSOM, KAVAI. 2. AJEEZ T.P., AGED 23 YEARS, S/O.T.P.AZEEZ, THAYYIL PUTHIYAPURAYIL HOUSE, P.O.KAVAI, PAYYANNUR. 3. MANICHI SUHAIB, AGED 19 YEARS, S/O.MUHAMMEDKUNJI, P.O.KAVAI, PAYYANNUR. 4. P.P.MOHAMMED RAFEEQ, AGED 23 YEARS, S/O.AHAMMED, PADINJAREPURAYIL HOUSE, P.O.KAVAI, PAYYANNUR. BY ADV. SRI.P.M.HABEEB RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKUAM, (STATION HOUSE OFFICER, PAYYANNUR POLICE STATION). BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON 28/08/2009 PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4976 of 2009 ------------------------------------ Dated this the 28th day of August, 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.1, 2, 7 and 8 in Crime No. 169/2009 of Payyannoor Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 448 and 427 read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. 3. The date of occurrence was on 12.04.2009. The petitioner surrendered before the court on 17.08.2009 and they were remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioners that the defacto complainant has not sustained any injury. It is also submitted that the petitioners are prepared to abide by any conditions that may be imposed by any court. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 4976 of 2009 2 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. 5. 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, Payyannoor 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, 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 into the limits of Payyannoor Police Station for a period of one month 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 anyE offence or indulge in any prejudicial activity while on bail. B.A. No. 4976 of 2009 3 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 ln