IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 Bail Appl..No. 5380 of 2009 CRIME NO.379 OF 2009 OF OTTAPALAM POLICE STATION, PALAKKAD PETITIONERS/ACCUSED NOS.1 TO 4 -------------------------------------------------- 1. USMAN, S/O.MUHAMMED, VALIPARAMBIL HOUSE, NAGARIPURAM, PATHIRIPPALA, OTTAPALAM TALUK. 2. THAHIR, S/O.HAMZA, THORAPARAMBIL HOUSE, NAGARIPURAM, PATHIRIPPALA, OTTAPALAM TALUK. 3. MAJEETH, S/O.NOORUMUHAMMED, YARATHINGAL HOUSE, NAGARIPURAM, PATHIRIPPALA, OTTAPALAM TALUK. 4. IBRAHIM, S/O.MOIDEEN, PARIKKANPARA, LAKKIDI, OTTAPALAM TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA THORUGH THE SUB INSPECTOR OF POLICE, OTTAPALAM POLICE STATION. 2. THE CIRCLE INSPECTOR OF POLICE, OTTAPALAM POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5380 OF 2009 ------------------------------------------------------ Dated this the 24th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 4 in Crime No.379 of 2009 of Ottapalam Police Station. 2. The offences alleged against the petitioners are under Sections 153A, 307 and 326 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 9.6.2009. The first accused was arrested on 11.8.2009. Accused Nos.2 to 4 were arrested on 17.8.2009. 4. The prosecution case is that on 9.6.2009, while the de facto complainant was proceeding on a motor bike at Kizhakke Ottapalam, the accused persons attacked him with sword. He sustained serious injuries. At the time of attack, the accused persons were shouting B.A. NO. 5380 OF 2009 :: 2 :: several matters, which allegedly would attract Section 153A of the Indian Penal Code. 5. The petitioners had earlier moved B.A.No.5114 of 2009 for granting regular bail under Section 439 of the Code of Criminal Procedure. As per the order dated 10.9.2009, this Court dismissed that Bail Application. Two weeks lapsed after the order was passed in B.A.No.5114 of 2009. The petitioners are in judicial custody from 11.8.2009 and 17.8.2009 as stated above. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. 7. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Ottapalam, subject to the following conditions: B.A. NO. 5380 OF 2009 :: 3 :: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not enter the limits of Ottapalam Police Station until further orders, except for complying with conditions (a) and (b); d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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 ahz/