IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 Bail Appl..No. 1822 of 2010 CRIME NO.160 OF 2010 OF KARAMANA POLICE STATION, THIRUVANANTHAPURAM. PETITIONERS : ACCUSED NOS.2 AND 3: -------------------- 1. ISMAIL, AGED 47, S/O.JAMLUDEEN, METHOTTUKUZHI VEEDU, NEAR KUNCHALAMOODU CHELSA HOSPITAL, MUDAVANMUGAL WARD, THIRUMALA, THIRUVANANTHAPURAM. 2. ABDUL RASHEED, AGED 44 YEARS, NEAR KUNCHALAMOODU CHELSA HOSPITAL, MUDAVANMUGAL WARD,THIRUMALA, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY SMT.RIJA.K.R RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1822 OF 2010 ------------------------------------------------------ Dated this the 26th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2 and 3 in Crime No.160 of 2010 of Karamana Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioners are under Sections 294(b), 324 and 307 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 8.3.2010. The petitioners were arrested on 9.3.2010. It is submitted that there was a clash between two groups of people. Two cases were registered in respect of the incident. 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. B.A. NO. 1822 OF 2010 :: 2 :: The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Thiruvananthapuram, 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 and Thursdays for a period of two months and thereafter, 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 ahz/ B.A. NO. 1822 OF 2010 :: 3 ::