IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 Bail Appl..No. 5308 of 2009 -------------------------------------- (CRIME NO. 1038/2009 OF KOLLAM EAST POLICE STATION, KOLLAM DISTRICT) ........ PETITIONERS/ACCUSED NOS.1 TO 3: ------------------------------------------------------ 1. THELHATH, S/O.MUHAMMAD,ALENCHERI VEEDU, NEAR NAZARATHUL IQVAN THYKKAVU, KUMMENCODE, NADAPUREM VILLGE, VADAKARA TALUK, KOZHIKODE DISTRICT. 2. SHAJAHAN @ SHAJI, S/O.ABDUL MAJEED, SHAJI MANZILIL,NEAR CHATHINAMKULAM SCHOOL, CHATHINAMKULAM CHERI,MANGAD VILLAGE. 3. SALIM, S/O. ABDULLA, VAIDYIL PUTHEN VEEDU,NEAR CHATHINAMKULAM THYKKAVU, CHATHINAMKULAM CHERI, MANGAD VILLAGE. BY ADV. MR.SUNNY MATHEW. RESPONDENTS/ COMPLAINANT: ----------------------------------------------- STATE OF KERALA THROUGH 1. THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION. 2. THE CIRCLE INSPECTOR OF POLICE, KOLLAM EAST. (RESPONDENTS 1 AND 2 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). R1 & R2 BY PUBLIC PROSECUTOR MR. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/09/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== B.A.No. 5308 OF 2009 =========================== Dated this the 18th day of September,2009 ORDER Petitioners are the accused in Crime 1038/2009 of Kollam East Police Station registered for the offence under sections 120(b),143,147,148,341,324 and 307 read with section 149 of Indian Penal Code with respect to an incident that occurred on 29.8.2009 at about 6.30 p.m when the private bus was forcibly taken away near T.K.M. Engineering College. Petitioners were arrested on 31.8.2009 and since then they have been in custody. Though petitioners sought bail under Annexure 2 order the learned Magistrate dismissed the petition. 2. Learned counsel appearing for the petitioners and the learned Public Prosecutor were heard. 3. The Case Diary was made available. Though an offence under section 307 IPC is also alleged in the F.I.R, considering the nature of the injuries evidenced by the wound certificate found in the Case Diary, I find it not in the interest of justice to continue the custody of the petitioners. On sufficient conditions, bail could be granted. B.A.5308/2009 2 1. Petitioners shall be released on bail on executing bond for Rs.20,000/- each with two solvent sureties for the like sum to the satisfaction of the Judicial First Class Magistrate II, Kollam. At least one of the surety must be a close relative of the accused. 2. Petitioners shall not induce, threaten or influence any witness from disclosing facts known to them to the Investigating Officer. 3. Petitioners shall appear before the Investigating Officer on every Saturday between 10 and 12 a.m for two months and as and when directed by the Investigating Officer or till a final report is submitted whichever event occurs first. 4. They shall not leave India without the previous permission of the Magistrate. M.SASIDHARAN NAMBIAR JUDGE tpl/- B.A.5308/2009 3 M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006