IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 15TH APRIL 2009 / 25TH CHAITHRA 1931 Bail Appl..No. 1976 of 2009() ----------------------------- (S): PETITIONERS/ACCUSED NO.9 AND 10 --------------------------------------------------- 1. MOHAMMED SHAMEEN,AGED 19 YEARS, S/O.SINULABDEEN,SHAMINA MANZIL, MELETHOPPAM,VITHURA P.O. 2. SHAN,AGED 19 YEARS, -DO- -DO- BY ADV. SRI.A.RAJASIMHAN RESPONDENT(S): COMPLAINANT -------------------------- SUB INSPECTOR OF POLICE, VITHURA POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR K MEERA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 1976 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of April, 2009. ORDER This is a petition filed under Section 438 of Criminal Procedure Code. 2. Petitioners are accused in Crime No.72 of 2009 of Vithura Police Station alleged of having committed offences under Sections 143, 147, 148, 149 and 332 IPC. They apprehend arrest. 3. It is seen from the records that initially crime was registered against one Kovalam Asokan and 25 identifiable persons. Petitioners herein are implicated much later. It is stated that no overt acts as such are attributed to them. In the light of the facts and circumstances of the case available from record, it is felt that petitioners are entitled to the relief. The application is allowed as follows: 1) Petitioners shall surrender before the JFCM, concerned within two weeks from today and move application for regular bail, which the learned Magistrate may dispose of in accordance with law. 2) If, in the meanwhile, petitioners are sought to be arrested, they shall be released on bail on each of them executing BA 1976/2009 a bond for a sum of Rs.5000/- with two solvent sureties each for the like sum each to the satisfaction of the investigating officer. 3) Petitioners shall make themselves available for interrogation as and when required by the investigating officer. 4) Petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. P. BHAVADASAN, JUDGE lgk