IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 Bail Appl..No. 8325 of 2011() ----------------------------- CMP.5693/2011 of J.M.F.C.-II,ATTINGAL CRIME NO.556/2011 OF PALLICKAL POLICE STATION KOLLAM DISTRICT .................... PETITIONERS : ACCUSED : ----------------------- 1. RIYAS JALEEL, S/O.JALEEL, RIYAS MANZIL, THOLOOR,MADAVOOR VILLAGE 2. NISHAD, S/O.SHIHABUDEEN, NISHAD MANZIL,KATTUPUTHUSERY, PALLICKAL VILLAGE. 3. AYYOOB, S/O.SALAHUDEEN, CHARUVILA PUTHEN VEEDU,THOLOOR,MADAVOOR VILLAGE. 4. HAZIM, S/O.HASSAN KUNJU, HASEENA MANZIL,THOLOOR,KUDAVOOR VILLAGE. BY ADV. SRI.P.S.PRADEEP SRI.U.NAZEER RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8325 of 2011 ---------------------------------------------- Dated this the 17th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 4 in Crime No.556 of 2011 of Pallikal Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 427, 323, 324 and 307 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The prosecution case is the following : On 31.8.2011 at 11 A.M., while the de facto complainant and his friend were going in car to see the child of the de facto complainant in the house of a relative of the de facto complainant's wife, his car was intercepted by a group of people and the de facto complainant and his friend were manhandled with iron rods, swords and other dangerous weapons. The de facto complainant sustained serious injuries. Bail Appln.No.8325/2011 : 2 : 4. The petitioners were arrested on 21.9.2011 and they were remanded to judicial custody on 22.9.2011. 5. The petitioners filed Bail Application No.7882 of 2011 which was dismissed by the order dated 3rd October, 2011. Investigation has progressed much thereafter. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 7. The petitioners shall be released on bail on their executing bond for `25,000/-(Rupees Twenty five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Attingal, 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; Bail Appln.No.8325/2011 : 3 : 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 skj