IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Bail Appl..No. 353 of 2009(F) --------------------------------------- (CRIME NO. 5/2009 OF KASARGOD POLICE STATION) ......... PETITIONERS/ACCUSED: ------------------------------------- 1. RAFEEQUE C.M, S/O.MUHAMMED, 27/09 KHALEEL MANZIL, CHERAMKAL KADAPPURAM, KASARGOD. 2. KHALEEL C.L.@ IBRAHIM KHALEEL, 27/09 S/O.ABOOBACKER, CHEMNAD. BY ADV. SRI.SURESH KUMAR KODOTH. RESPONDENT/COMPLAINANT/STATE: ------------------------------------------------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, KASARGOD POLICE STATION, KASARGOD DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVA KUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 353 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 29th day of January,2009 O R D E R Petition for bail. 2. The alleged offences are under sections 394 read with section 34 IPC. According to prosecution, on 1-1-2009 in the night de facto complainant who is a police constable in the A.R. Camp wanted to go to the camp and he got into an autorickshaw driven by 2nd accused. The 1st accused was also there in the autorickshaw. On the way, both of them robbed Rs.1,1,00/- and a mobile phone from de facto complainant after inflicting injuries. 3. Petitioners were arrested on 4-1-2009. Learned Public Prosecutor submitted that he has no objection in granting bail but stringent conditions may be imposed. 4. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. 5. Hence, 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 learned Magistrate, on the following conditions:- 1) Petitioners shall report before the Investigating Officer on every alternate BA 353/09 -2- day between 10 a.m. and 1 p.m. until further orders. 2) Petitioners shall not leave the limits of the police station within which the crime is registered except with the prior permission of the learned Magistrate. 3) Petitioners shall not intimidate or influence any witness or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.