IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 Bail Appl..No. 7251 of 2011() ------------------------- CRIME NO.505/2011 OF NADAKKAVU POLICE STATION KOZHIKODE DISTRICT. APPLICANTS/ACCUSED NO.2 TO 7 ------------------------------- 1. VASEEF, S/O.BEERANKUTTY, AGED 29 YEARS, VALAPPIL VEEDU, P.O.KODIYATHOOR, MUKKAM, KOZHIKODE DISTRICT. 2. JIJESH M.M., S/O.BALAKRISHNAN, AGED 24 YEARS, MUTHUVOTTUMEETHAL HOUSE, CHENOLI P.O., PERAMBRA, KOZHIKODE DISTRICT. 3. SHAJITH K.K., S/O.DAMODARAN, AGED 28 YEARS, KULATHAMPOYIL VEEDU, VADAYAM P.O.KAKKATTIL KUTTIYADI, KOZHIKODE DISTRICT. 4. VAISHAK T., S/O.PRAKASAN, AGED 22 YEARS, THAITHOTTATHIL HOUSE, P.O.KOMMERI, KOZHIKODE. 5. MITHUN M.M., S/O.SURESH KUMAR, AGED 22 YEARS, SMRITHILAYAM VEEDU, P.O.FEROKE COLLEGE, KOZHIKODE. 6. KIRANRAJ V.K., S/O.B.BABURAJ, AGED 25 YEARS, VALATHUKANDI HOUSE, NANMINDA P.O., KOZHIKODE DISTRICT. BY ADV. SRI.P.K.RAMKUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE, NADAKKAV POLICE STATION, CALICUT KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, AT HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7251 of 2011 ---------------------------------------------- Dated this the 02nd day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.2 to 7 in Crime No.505 of 2011 of Nadakkavu Police Station, Kozhikode District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 332 and 307 read with Section 34 of the Indian Penal Code and Section 3(2) of Prevention of Damage to Public Property Act. 3. The date of occurrence was on 11/08/2011. The petitioners were arrested on the same day and they were remanded to judicial custody. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 5. 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 Bail Appln.No.7251/2011 : 2 : investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. 6. 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-IV, Kozhikode, 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 Mondays 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. Bail Appln.No.7251/2011 : 3 : 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