IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 Bail Appl..No. 7646 of 2009() ----------------------------- CRIME NO.886/2009 OF KASARAGOD POLICE STATION PETITIONER/ACCCUSED --------------------------------------- 1. SHAFEEQ MUHAMMED.C.A,S/O.ABDULLA, AGED 19 YEARS,CRACE HOUSE, THAIVALAPPU,CHOORI, KUDLU GRAMAM,KASARAGOD. 2. MUHAMMED ASARUDDEEN,S/O.MUHAMMED MOOSA, AGED 19 YEARS,THAIVALAPPU,CHOORI, KUDLU GRAMAM. 3. UNAIS.C.A,S/O.ABDUL HAMEED,THAIVALAPPIL HOUSE,CHOORI,KUDLU GRAMAM,KASARAGOD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION. 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------- B.A.No.7646 of 2009 ----------------------------------------- Dated this the 5th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.886 of 2009 of Kasaragod Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 153A, 341, 323, 324, 427 and 307 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 6.12.2009, while the de facto complainant and his friend were travelling on a motor bike, about 20 persons intercepted them and attacked them shouting that all the Hindus must be done away with. It is stated that 6.12.2009 was being observed as 'Babri-Masjid day'. The de facto complainant sustained injuries. Damage was also caused to his motor bike. 4. The petitioners were arrested on 7.12.2009 and they were remanded to judicial custody. The other accused persons have not been arrested so far. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.7646/2009 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 on stringent conditions. 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 and Thursdays, 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 csl