IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 Bail Appl..No. 7485 of 2009 CRIME NO.887 OF 2009 OF KASARAGOD POLICE STATION PETITIONERS/ACCUSED 1 TO 3: --------------------------------------- 1. C.M.MUHAMMED SAJAD, SON OF ABDUL SALAM, AGED 18 YEARS, SAJAD MANZIL, KALIYANKAD ROAD, KUDLU, KASARAGOD. 2. MUHAMMED RASHID A.V., SON OF UBAID, AGED 20 YEARS, CHOORI, KUDLU, KASARAGOD. 3. A.S.MUHAMMED SHAMSEER, SON OF SHAFI, AGED 18 YEARS, NEAR GULD QUARTERS, CHOORI, KUDLU, KASARAGOD. BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA SRI.ANEESH JOSEPH RESPONDENT: STATE -------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-35. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2010, ALONG WITH BA NO.7668 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. Nos.7485 &7668 OF 2009 ------------------------------------------------------ Dated this the 8th day of January, 2010 O R D E R B.A.No.7485 of 2009 is filed by accused Nos.1 to 3 in Crime No.887 of 2009 of Kasaragod Police Station, while B.A.No.7668 of 2009 is filed by accused Nos.5 to 8 therein. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 452, 427, 308 and 153A read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 6.12.2009. Accused Nos.1 to 3 were arrested on 6.12.2009, while accused Nos.5 to 8 were arrested on 12.12.2009. All of them are in judicial custody. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. It is submitted that the injuries noted in the wound certificate are not very serious injuries. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. Nos.7485 & 7668 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. 6. 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-I, Kasaragod, 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, 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 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 Applications are allowed as above. (K.T.SANKARAN) Judge ahz/