IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 Bail Appl..No. 1457 of 2010() ----------------------------- CMP.924/2010 of J.M.F.C.-II,HOSDRUG CRIME NO. 458/2009 0F BEKAL POLICE STATION .................... PETITIONERS/ACCUSED NOS.4,5,7,8, 13 & 14 : ------------------------------------------------------ 1. ABBAS, S/O. HASSAN AGED 37 YEARS, ABBAS MANZIL, THEKKUPURAM, KEEKKAN VILLAGE. 2. RASHID, S/O. ABDULLA, AGED 20 YEARS,THEKKUPURAM, KEEKKAN VILLAGE. 3. FIRDOUS, S/O. MUHAMMADKUNHI, AGED 22 YEARS,THEKKUPURAM, KEEKKAN VILLAGE. 4. RASHID, S/O.ABDURAHIMAN, AGED 21 YEARS,THEKKUPURAM, KEEKKAN VILLAGE. 5. NIYAS, S/O. ABDULLA, AGED 20 YEARS,THEKKUPURAM, KEEKKAN VILLAGE. 6. NIZAMUDHEEN, S/O. ABDHURHIMAN, AGED 20 YEARS,THEKKUPURAM, KEEKKAN VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT: ----------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, BEKAL POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. I.V.PRAMOD PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1457 of 2010 ------------------------------------ Dated this the 15th day of March, 2010 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, 5, 7, 8, 13 and 14 in Crime No.458/2009 of Bekal Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 143, 147, 341, 323, 308 and 153 -A read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 12.02.2010. The fourth petitioner was arrested on 24.02.2010. It is submitted that the other petitioners surrendered before the Court on 03.03.2010. The petitioners are in judicial custody. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the Case Diary. 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 the petitioners. B.A. No. 1457/2010 2 6. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, 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 ln