IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 Bail Appl..No. 1124 of 2010() ---------------------------------- CMP.520/2010 of J.M.F.C.-II,KOTTARAKKARA CRIME NO. 109/2010 OF KADAKKAL POLICE STATION, KOLLAM DISTRICT .................... PETITIONER/ACCUSED NOS.4,5,6 AND 8 : ------------------------------------------------- 1. SHARAFUDEEN, S/O.ABDUL SAMAD, SHIHAZ MANZIL,KOTTUKKAL MURI,KOTTUKKAL VILLAGE. 2. ABDUL RASHEED, S/O.SHAMSUDHEEN,JAMEELA MANZIL, MAJAPPARA, MALAPPEROOR MURI, KOTTUKKAL VILLAGE. 3. ASHARAF, S/O.ABDUL RASHEED, SAJINA MANZIL, PHILGIRI, CHUNDA MURI,ITTIVA VILLAGE. 4. ANASUDHEEN, S/O. YUSUF, ANASUDHEEN MANZIL, CHUNDA MURI, KOTTUKKAL VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLIANANT : ----------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, KOLLAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1124 of 2010 ------------------------------------ Dated this the 9th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.4, 6, 7 and 8 in Crime No. 109/2010 of Kadakkal Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323 and 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 23.01.2010. The petitioners were arrested on 25.01.2010 and they were remanded to judicial custody. 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. B.A. No. 1124/2010 2 5. The 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 Judicial Magistrate of the First Class-II, Kottarakara 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. K.T. SANKARAN, JUDGE ln