IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 5791 of 2009() ------------------------------------- CMP.4657/2009 of J.M.F.C.-I,HOSDRUG CRIME NO. 248/2009 OF CHANDHERA POLICE STATION .................... PETTIONERS/ACCUSED NOS. 4 AND 5: ----------------------------------------------------- 1. T.K.C.SHIHAB, AGED 21 YEARS, S/O. P.RASHEED, PARAMBATH HOUSE, KAITHAKKAD P.O., CHERUVATHUR, KASARGODE DISTRICT. 2. K.M.C.FAROOK, AGED 21 YEARS, S/O. ABDULLA, MOOLAKKADU HOUSE, THAKWA NAGAR, CHERUVATHUR, KASARGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT/STATE: ------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ln K.T. SANKARAN, J. --------------------------- B.A. No. 5791 of 2009 ------------------------------------ Dated this the 12th day of October, 2009 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 and 5 in Crime No.248/2009 of Chandhera Police Station, Kasaragod. 2. The offences alleged against the petitioners are under Sections 323 and 308 of the Indian Penal Code. 3. The date of occurrence was on 17/6/2009. The petitioners surrendered before the court on 24/9/2009 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. 5. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent B.A. No. 5791/2009 2 sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class- I, Hosdurg 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 scm