IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 Bail Appl..No. 429 of 2009(A) ---------------------------------------- (CRIME NO. 428/2008 OF POONTHURA POLICE STATION) ............ PETITIONERS/ ACCUSED NOS. 1 TO 3: ------------------------------------------------------- 1. RIYAS, S/O.MUHAMMAD MOITHEEN, MUNTHIRIVILAKOM VEEDU, H.NO. A6/126 (1), PALLITHERUVU, PUTHENPALLY WARD, MUTTATHARA VILLAGE TRIVANDRUM. 2. SHAFEEK, S/O. MUHAMMED ABDULKHADER, PUTHUVAL PUTHEN VEEDU, T.C. 46/930, MANICKAMVILAKOM, MUTTATHARA VILLAGE, TRIVANDRUM. 3. SAJEERKHAN, T.C. 46/146, OPP. PALLITHERUVU BISMI AUDITORIUM, PALLISTREET, PUTHENPALLY WARD, MUTTATHARA VILLAGE TRIVANDRUM. BY ADV. MR.SUNNY MATHEW. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, POONTHURA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY BY PUBLIC PROSECUTOR MR. K.S. SIVA KUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 429 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 30th day of January,2009 O R D E R Petition for bail. 2. The alleged offences are under sections 307 read with section 34 IPC and 27 of the Arms Act. According to prosecution, accused 1 to 4 in furtherance of common intention assaulted de facto complainant using chopper, sword, iron pipe, etc. and caused grievous hurt to him and attempted to commit murder. 3. Petitioners are accused 1 to 3. Accused 1 and 2 were arrested on 24-12-2008 and 3rd accused was arrested on 29-12- 2008. Learned counsel for petitioner submitted that de facto complainant is a notorious gunda. 4. Learned Public Prosecutor submitted that he has no objection in granting bail but stringent condition may be imposed. 5. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. 6. Hence, petitioners shall be released on bail on their executing a bond for Rs.50,000/- each with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- BA 429/09 -2- 1) Petitioners shall report before the Investigating Officer on every Monday, Wednesday and Saturday 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.