IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 Bail Appl..No. 3677 of 2011() ----------------------------- CMP.3275/2011 of J.M.F.C.,KASARAGOD .................... PETITIONERS/ACCUSED NOS.1 TO 3 AND 5 TO 7 ------------------------------------------------------ 1. KAISAL.K, S/O.MUHAMMED,AGED 22 YEARS, ANANKOOR HOUSE, TIPPU NAGAR,KASABA VILLAGE. 2. ABDUL NAZAR.K.A,S/O.ABDULLA,AGED 30 YEARS,KORAKKOD HOUSE,PACHAKKAD,ANANKOOR, KASABA VILLAGE. 3. RAHIMAN FADALU A,S/O.MUHAMMED, AGED 24 YEARS,MOIDEEN MANZIL, KOLLAMPADY, ANANKOOR. 4. RISHAL.K.M,S/O.ABDUL KHADER,AGED 19 YEARS,KMA HOUSE, NELLIKKUNNU,KASABA VILLAGE. 5. NOUSHAD.M, S/O.ABOOBACKER,AGED 19 YEARS,FAISAL MANZIL,TV STATION ROAD, ANANKOOR, KASABA VILLAGE. 6. SHAHUL HAMEED,S/O.ABDUL KHADER, AGED 22 YEARS,HABEEB MANZIL, TIPPU NAGAR,ANANKOOR, KASABA VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT ---------------------------------------- 1. THE SUB INSPECTOR OF POLICE, VIDYANAGAR POLICE STATION. 2. THE CIRCLE INSPECTOR OF POLICE, KASARAGOD. (RESPONDENTS 1 AND 2 REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM). PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No.3677 of 2011 - - - - - - - - - - - - - - - - DATE: 23.05.2011 O R D E R In this Petition filed under Sec. 439 Cr.P.C., the petitioners, who are accused Nos.1 to 3 and 5 to 7 in Crime No.43/2011 of Vidyanagar Police Station, Kasaragod for offences punishable under Secs.143,147,148,153A and 302 read with 149 I.P.C., seek their enlargement on bail. Petitioners 1 to 3 were arrested on 31.03.2011, the 5th petitioner were arrested on 01.04.2011 and the 6th petitioner was arrested on 23.03.2011. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. The learned Public Prosecutor submitted that the final report has already been laid before the Magistrate on 28.04.2011. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioners, the present stage of investigation of the case, the presumption of innocence until found guilty after trial and the other circumstances of the case etc., I am inclined to grant bail to the B.A. No.3677/ 2011 2 petitioners but only from a future date. Accordingly, the petitioners are directed to be released on bail w.e.f 31.05.2011 on each of them executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions: 1. Petitioners shall execute the bail bond within two weeks from today. 2. Petitioners shall report before the City Police Commissioner, Kozhikode between 9 a.m. and 11 a.m. on all Wednesdays. 3. Petitioners shall not enter the limits of Kannur district until further orders to be passed by the court concerned. 4. Petitioners shall stay confined to the limits of Kozhikode district until further orders. 5. The petitioners shall not directly or indirectly make any inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the court or to the police or to any other person in authority. 6. The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer at any time till the filing of the final report. 7. The petitioners shall not establish any contact with any of the witnesses or accused in the case. B.A. No.3677/ 2011 2 8. The petitioners shall not influence or intimidate the prosecution witnesses or the victims nor shall they attempt to tamper with the evidence for the prosecution. 9. The petitioners shall not commit any offence while on bail. 10. The petitioners shall notify to the Court their place of residence before executing the bail bond. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. Dated this the 23rd day of May, 2011. V.RAMKUMAR, JUDGE. sj