IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 Bail Appl..No. 6125 of 2009() ----------------------------- CRIME NO.645/2009 OF HOSDURG POLICE STATION .................... PETITIONERS/ACCUSED --------------------------------------- 1. UMEER.P., AGED 19 YEARS (A-1) S/O.USMAN, PUTHIYAKANDAM HOUSE, KALLURAVI, KANHANGAD, KASARAGOD DISTRICT. 2. SHERIF.M.A., AGED 19 YEARS, (A-4) S/O.KUNHABDULLA, M.A.HOUSE, MUNDATHODU, KALLURAVI NORTH, KANHANGAD, KASARAGOD DISTRICT. 3. ABDUL SAMAD P. @ SAMAD, AGED 19 YEARS, (A-5), S/O.C.K.MOIDEEN KUTTY, NIZAMUDEEN MANZIL, KALLURAVI, KANHANGAD, KASARAGOD DISTRICT. BY ADV. SMT.P.K.PRIYA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.H.O HOSDURG POLICE STATION, KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6125 of 2009 --------------------------------------------- Dated this the 23rd day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 4 and 5 respectively in Crime No.645 of 2009 of Hosdurg Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 324 and 307 of the Indian Penal Code. 3. The date of occurrence was on 8.10.2009. The petitioners were arrested on 10.10.2009. 4. The overt act alleged against the first accused is that he stabbed the defacto complainant with a knife. The overt acts alleged against accused Nos.4 and 5 are that they had beaten the defacto complainant with iron rods and hands. 5. 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 BA No.6125/2009 2 accused Nos.4 and 5 (Petitioners No.2 and 3). At the same time, I am not inclined to grant bail to accused No.1 at this stage. Petitioners No.2 and 3 shall be released on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Hosdurg, subject to the following conditions: a) Petitioners No.2 and 3 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) Petitioners No.2 and 3 shall appear before the investigating officer for interrogation as and when required; c) Petitioners No.2 and 3 shall not try to influence the prosecution witnesses or tamper with the evidence; d) Petitioners No.2 and 3 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 in so far as it relates to accused Nos.4 and 5 and it is dismissed in so far as it relates to accused No.1. K.T.SANKARAN, JUDGE csl