IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 Bail Appl..No. 2959 of 2009 CRIME NO.29 OF 2009 OF ANDROTT POLICE STATION, LAKSHADWEEP PETITIONERS: ACCUSED 1,5 AND 7: -------------------------------------- 1. K.K.MOHAMMED FAROOK, S/O.LATE T.P.KUNHISEETHIKOYA, KARAKADA HOUSE, ANDROTT. 2. P.P.MANSOOR ALI SAYED, S/O.M.P.FATHAHULLA, PURATHUKAD PUTHIYAPURA HOUSE, ANDROTT. 3. P.P.SAYED SHAHUL HAMEED, S/O.U.P.S.M.JALALUDDIN THANGAL, PADANATHPUTHIYAPURA HOUSE, ANDROTT. BY ADV. SRI.T.K.SAIDALIKUTTY SRI.A.A.ZIYAD RAHMAN SMT.ANITHA M.N. (EKM) RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, ANDROTT POLICE STATION, LAKSHADWEEP. R2 BY SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2959 OF 2009 ------------------------------------------------------ Dated this the 8th June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 5 and 7 in Crime No.29 of 2009 of Andrott Police Station, Lakshadweep. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 324, 395, 427, 435 and 506(ii) read with Section 149 of the Indian Penal Code. 3. The petitioners were arrested on 25.5.2009. Learned counsel for the petitioners pointed out that in respect of an incident which occurred on 17.5.2009 at 4.30 PM onwards, Crime No.26 of 2009 was registered under Sections 143, 147, 148, 324, 427, 435, 448 and 452 read with Section 149 of the Indian Penal Code and in respect of the same incident, adding some more details, Crime No.29 of 2009 was registered on the information given by the de facto complainant on 20.5.2009. It is pointed out that in Crime No.29 of 2009, Section 395 is included only to see that the petitioners are denied bail. Learned Special Prosecutor opposed the Bail Application. B.A. NO. 2959 OF 2009 :: 2 :: 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 offences 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 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, Andrott, 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 Application is allowed as above. Learned counsel for the petitioners submitted that during this monsoon season it would be very difficult to communicate a copy of this B.A. NO. 2959 OF 2009 :: 3 :: order and produce the same before the learned Magistrate and it will take several days to do so. Registry will communicate the order to the Judicial Magistrate of the First Class, Andrott, by fax. (K.T.SANKARAN) Judge ahz/