IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 27TH APRIL 2010 / 7TH VAISAKHA 1932 Bail Appl..No. 2507 of 2010() ----------------------------- CMP.2578/2010 of J.M.F.C.I,KASARAGOD .................... PETITIONERS:ACCUSED NOS.1 & 2: ------------------------------------------------------- 1. ABDUL NIYAS B, S/O. ABBAS K.M., BALANADUKKAN HOUSE, MULIYAR, KASARAGOD DISTRICT. 2. ABDUL SIYAD, S/O.MUHAMMED, MEETHAL ALOOR HOUSE, MULIYAR, KASARAGOD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, ADHUR POLICE STATION KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.Q. BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 2507 of 2010 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 27th day of April, 2010 O R D E R This is a bail application filed by accused 1 and 2 in Crime No.140/2010 of Adhur Police Station under section 439 of the Cr.P.C. 2. The allegation against the petitioners is that on 17.4.2010 at about 7.10 A.M the Sub Inspector of Police, Adhur Police station stopped the tipper lorry and that while Sub Inspector was searching the vehicle, the first accused pulled him down, causing injuries to the Sub Inspector and thereby committed offences punishable under Section 332, 308, 114 read with section 34 of IPC. 3. The petitioners were arrested on 18.4.2010. The Judicial First Class Magistrate Court, Kasaragod rejected their bail applications. 4. Notice given to the learned Public Prosecutor. Heard learned counsel for the petitioners and the learned Public Prosecutor. The learned Public 2 B.A. No. 2507 of 2010 Prosecutor opposed the petitions. 5. For the following reasons, I am inclined to grant bail to the petitioners. Petitioners are in remand from 18.4.2010 onwards. The learned Public Prosecutor submits that the Sub Inspector did not sustained serious injuries and that the investigation in this case is almost over. Therefore I feel that they can be released on bail but on conditions. 6. In the result, the petition is allowed. The petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioner shall appear before the Investigating Officer between 10 A.M. and 11 A.M. on all Mondays. 2) The petitioner shall not commit similar offence while on bail. 3 B.A. No. 2507 of 2010 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 limits of the jurisdiction of the lower court without prior permission. 5) If the petitioner violates any of the conditions mentioned above, lower court can cancel his bail. P.Q. BARKATH ALI, JUDGE. dmb