IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 Bail Appl..No. 577 of 2010() ---------------------------- CRIME NO.464/2009 OF BEKAL POLICE STATION PETITIONERS/ACCUSED 4 & 8 --------------------------------------------- 1. K.N.ABBAS, AGED 35 YEARS, S/O.MUHAMMED, RESIDING AT BAKAL KUNNUMMAL, PALLIKKARA, HOSDURG TALUK, KASARAGOD DISTRICT. 2. ABDUL RASAK, AGED 35 YEARS, S/O.MUHAMMED KUNJI, JAMAL MASJID, PALLIKKARA HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. STATION HOUSE OFFICER,BAKAL POLICE STATION, KASARAGOD. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.577 of 2010 --------------------------------------------- Dated this the 5th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.4 and 8 in Crime No.464 of 2009 of Bekal Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 353, 332 and 308 read with Section 149 of the Indian Penal Code and Section 4(1)(a) of the Minor Mineral Development and Regulation Act read with Rule 21(1) of the Rules therein. 3. The prosecution case is that on 17.12.2009, the accused persons were found engaged in illegal sand mining. The police party on getting information went to the scene of occurrence. The accused pelted stones against the police party. When the police party tried to seize a lorry in which the sand was being loaded, the lorry was taken in a high speed towards the police party. It is alleged that somehow or other they managed to escape. The petitioners were arrested on BA No.577/2010 2 19.12.2009. They are in judicial custody since then. 4. 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. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Hosdurg, 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 surrender their passports before the court of the Judicial Magistrate of the First Class-II, Hosdurg within one week. If any of the petitioners does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week; 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; BA No.577/2010 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 csl