IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 Bail Appl..No. 1253 of 2009() ----------------------------- CMP.523/2009 of J.M.F.C-I.,KASARAGOD CRIME NO. 39/2009 of KUMBLA POLICE STATION .................... PETITIONERS/ACCUSED NOS. 8 AND 9:- ---------------------------------------------- 1. BRIDON JOHN DISONZA, S/O.HENTRY D'SONZA, AGED 23/09, KALAYI HOUSE, PAIVALIKA GRAMAM. 2. K.M.UMMAR, S/O.MUHAMMED (LATE), AGED 25/09, AZAD NAGAR, KUDLU GRAMAM, KASARAGOD. BY ADV. MR. SUNNY MATHEW RESPONDENTS/ COMPLAINANT:- ------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KUMBALA POLICE STATION. 2. THE CIRCLE INSPECTOR OF POLICE, KUMBALA POLICE STATION. (RESPONDENTS 1 AND 2 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). ADV. MR. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No. 1253 of 2009 - - - - - - - - - - - - - - - - Dated this the 23rd day of March, 2009. O R D E R In this Petition filed under Sec. 439 Cr.P.C. the petitioners who are accused Nos. 8 and 9 in Crime No. 39 of 2009 of Kumbla Police Station for offences punishable under Sections 143, 147, 148, 324, 326 and 307 r/w Section 149 I.P.C., seeks their enlargement on bail. The petitioners were arrested on 26.02.2009. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. The learned Public Prosecutor opposed the application. He further submitted that the 1st petitioner who is the 8th accused, is involved in another crime of similar nature. If so, the 8th accused who is the 1st petitioner, is not entitled to bail. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the 2nd petitioner, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the 2nd petitioner. Accordingly, the 2nd petitioner is directed to be B. A. No.1253/2009 -:2:- released on bail on his executing a bond for Rs. 25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M-I., Kasaragod and subject to the following conditions: 1. The 2nd petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The 2nd petitioner shall make himself available for interrogation as and when required by the police till the filing of the final report. 3. The 2nd petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The 2nd petitioner shall not commit any offence while on bail. If the 2nd petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed in part as above. Dated this the 23rd day of March, 2009. V.RAMKUMAR, JUDGE. rv B. A. No.1253/2009 -:3:-