IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 Bail Appl..No. 7274 of 2009 CRIME NO.730 OF 2009 OF KOTTAYAM EAST POLICE STATION PETITIONERS/A7 ---------------------------------- SHAMEER, S/O SAIDU ALI, THALAMBADAM HOUSE, RANDATHANI P.O., KALPPAKAMCHERI VILLAGE, MALAPPURAM DISRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2009, ALONG WITH BA NO.7259 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS. 7274 & 7259 OF 2009 ------------------------------------------------------ Dated this the 8th day of December, 2009 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure. B.A.No.7274 of 2009 is filed by accused No.7, while, B.A.No.7259 of 2009 is filed by accused Nos.6 and 8 in Crime No.730 of 2009 of Kottayam East Police Station,. 2. The offences alleged against the petitioners are under Sections 143, 147 and 364A read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 12.11.2009. The petitioners were arrested on 15.11.2009. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. NOS.7274 & 7259 OF 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. 6. 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, Kottayam, 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 for a period of two months and thereafter, 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 Applications are allowed as above. (K.T.SANKARAN) Judge ahz/