IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 11TH MAY 2010 / 21ST VAISAKHA 1932 Bail Appl..No. 2741 of 2010() -------------------------------------- CMP.2755/2010 of J.M.F.C.,KASARAGOD CRIME NO.382/2010 OF THE KASARAGOD POLICE STATION .................... PETITIONERS/ACCUSED NOS.1 TO 3 --------------------------- 1. NOUSHAD.M,S/O.ABOOBACKER.M,AGED 19 YEARS T.V.STATION ROAD,ANANKOOR,KASABA VILLAGE. 2. ABDUL SATHAR.M,S/O.MOHAMMEDKUNHI, AGED 19 YEARS,MEHBOOB ROAD,ANANKOOR, KASABA VILLAGE. 3. KAISAL.K.M,S/O.MAHAMMOOD,AGED 21 YEARS, TIPPU NAGAR,ANANKOOR. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE,KASARAGOD POLICE STATION, REPRESENTED BY BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. -------------------------------- B.A. No. 2741 OF 2010 --------------------------------- Dated this the 11th day of May, 2010 O R D E R ~~~~~~~ This is a bail application filed by accused Nos. 1 to 3 in Crime No.382/2010 of the Kasaragod Police Station under section 439 of the Cr.P.C. 2. The allegation against the petitioners is that on 15.4.2010 at about 4.45 p.m. they formed themselves into an unlawful assembly armed with dangerous weapons and in prosecution of the common object of that unlawful assembly restrained the defacto complainant and the son of his brother and stabbed the defacto complainant on his buttock and beat them with an iron rod and that thereby committed the offences punishable under sections 143, 147, 148, 341, 323, 324 and 308 r/w Section 149 of the Indian Penal Code. 3. The petitioners were arrested on 16.4.2010 and were remanded to judicial custody. Bail application filed by the petitioners before the Judicial First Class Magistrate-I, BA No.2741/2010 2 Kasaragod, was dismissed by order dated 23.4.2010, a copy of which is produced along with this application. 4. It is alleged in this application that the petitioners are innocent of the offences alleged against them and that they are prepared to abide by any condition that may be imposed by this Court, if released on bail. 5. Notice given to the learned Public Prosecutor. Heard learned counsel for the petitioners and the learned Public Prosecutor. The learned Public Prosecutor submitted that if bail is granted it must be on stringent conditions. 6. For the following reasons I am inclined to grant bail to the petitioners. The Public Prosecutor submitted that the incident occurred on a play ground as a result of a private quarrel. Further, prima facie, it appears that the petitioners had no intention to cause the death of the defacto complainant and the son of his brother. Therefore, I feel that the petitioners can be released on bail on conditions. BA No.2741/2010 3 7. In the result, the application is allowed. The petitioners shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioners shall appear before the Investigating Officer on all Mondays between 9 A.M. and 10 A.M. 2) The petitioners shall not commit any offence similar in nature while on bail. 3) The petitioners shall co-operate with the investigation and shall not try to influence the prosecution witnesses or tamper with the evidence. 4) Petitioner shall not leave the jurisdiction of the trial court without prior permission. 5) In case of breach of any of the conditions mentioned above, lower court can cancel their bail. (P.Q. BARKATH ALI, JUDGE) ps