IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 Bail Appl..No. 172 of 2009(F) ----------------------------------- CR.NO.391/2008 OF MANJESHWAR POLICE STATION PETITIONERS/ACCUSED NOS.5 & 6 : -------------------------------------------- 1. ABDUL LATHEEF ,AGED 19 YEARS S/O.HAMEED HAJI, RAFEEQUE MANZIL, PRADAP NAGAR, SONGAL, MANGALPADY GRAMAM, KASARAGOD DISTRICT. 2. MUHAMMED HABEED @ ABI AGED 19 YEARS, S/O.ISMILE HASSAN HABEEB MANZIL, PRADAP NAGAR, SONGAL, MANGALPADY GRAMAM, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENTS/COMPLAINANT & STATE : -------------------------------------------------- 1. STATE -REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, 2. THE STATION HOUSE OFFICER (CR.NO. 391 OF 2008 OF MANJESHWAR POLICE STATION) KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.172 OF 2009 -------------------------------- Dated this the 2nd day of February, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 324, 326, 308 read with 149 of I.P.C. According to prosecution, petitioners (accused nos.5 and 6) along with other accused formed into an unlawful assembly and armed with deadly weapons like knife, stick etc. voluntarily caused hurt to the defacto complainant by stabbing and beating. Grievous hurt was also caused. The incident occurred on 12.12.2008. 3. Petitioners are accused nos.5 and 6 and they were arrested on 01.01.2009 and they are in custody since then. Accused nos.1, 4, 8 and 10 were granted bail by this court and hence, learned Public Prosecutor submitted that he has no objection in granting bail to petitioners on conditions. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. Hence, bail is granted to petitioners on the following terms and conditions : B.A.No.172 of 2009 2 (i) Petitioners shall execute a bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate court concerned. (ii) Petitioners shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioners shall not enter the limits of the police station within which the crime is registered, except for compliance of condition in clause No.(ii) above. (iv) Petitioners shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac