IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1694 of 2008() ----------------------------- CMP.824/2008 of J.M.F.C.,KASARAGOD CRIME 36/08 OF MANJESHWAR POLICE STATION .................... PETITIONERS/ACCUSED NOS.1 TO 3: ------------------------------------------------ 1. ABDULLA ASLAM @ SALAM, S/O. ABDUL RAHMAN, AGED 25, MUSTHAFA MANZIL, KUNJATHUR. 2. MUHAMMED RAFEEQ, S/O. K.M.USMAN, AGED 21, MOOSA HOUSE, IRSHAD NAGAR, UDYAVAR GRAMAM 3. RIYAS @ ABOOBACKER SIDDIQ, S/O. ADAM KUNHU, AGED 23, K.A.MAZIL,IRSHAD NAGAR, UDYAVAR GRAMAM. BY ADV. SRI.SOJAN MICHEAL RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1694 OF 2008 B ```````````````````````````````````````````````````` Dated this the 18th day of March, 2008 O R D E R Second application for regular bail. Petitioners are accused Nos.1 to 3. They face allegations in a crime registered under section 395 IPC. The alleged incident took place on 31.1.08. All the three petitioners were arrested on 31.1.08 itself. They continue in custody from that date. Petitioners had come to this Court earlier with an application for regular bail and that application was dismissed as per order dated 26.2.08 in BA.1055/08. They have approached this Court again in the light of the observation/direction in the said order. The crux of the allegations against the petitioners is that they stopped lorries coming from outside the State and went on illegally extracting money from drivers of such vehicles. 2. I have adverted to the facts in detail in the said BA.1694/08 : 2 : order dated 26.2.08. The petitioners are remaining in custody from 31.1.08. 3. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can now be directed to be released on bail subject to appropriate conditions. 4. In the result, this petition is allowed. The petitioners shall be enlarged on bail on the following terms and conditions:- i) The petitioners shall execute bonds for Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months from the date of their release and thereafter as and when directed by the investigating officer in writing to do so. BA.1694/08 : 3 : iii) The petitioners shall not, during the said period of two months, enter the jurisdiction of Manjeshwar police station without the prior permission of the learned Magistrate except for the purpose of complying with condition No.(ii) above. (R.BASANT, JUDGE) aks