IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Bail Appl..No. 4133 of 2009() ----------------------------- CRIME NO. 280/2009 OF MATTANNUR POLICE STATION PETITIONERS/ACCUSED 1 TO4: ---------------------------------------------- 1. MOHAMMED SHAMSHEER, S/O. MOOSAKUTTY, AGED 25 YEARS, EMACHILY HOUSE, KOLARI AMSOM, MATTANNUR. 2. K.SUBAIR, S/O. MAMMOOTTY HAJI, AGED 32 YEARS, KAIYALAKKAKATHU HOUSE, KOLARI AMSOM, KALLUR, KANNUR DISTRICT. 3. S .M.NAZAR, S/O. SOOPI, AGED 36 YEARS, KARIYIL HOUSE, PALOTHUPALLY, MATTANNUR. 4. T.K. MUSTHAFA, S/O. SULAIMAN, AGED 22 YEARS, T.K.HOUSE, KOLARI AMSOM, MATTANNUR. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT/COMPLAINANT -------------------------- THE STATION HOUSE OFFICER, MATTANNUR POLICE STATION, KANNUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/07/2009, ALONG WITH BA NO. 4084 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4133 of 2009 ------------------------------------ Dated this the 29th day of July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are the accused Nos. 1 to 4 in Crime No. 280/2009 of Mattannur Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 323, 324, 153 (A) and 308 r/w 149 of the Indian Penal Code. 3. The prosecution case is that on 14.07.2009, the defacto complainant, who is a Bus Conductor, was travelling with a girl in a car to Pazhassi Project Area. The accused persons intercepted and forcibly took the defacto complainant to several places and manhandled him. They also asked him as to how he could be in love with a Muslim girl. The petitioners were arrested on 14.07.2009 . The petitioners were produced before the learned Magistrate on 15.07.2009 and they were remanded to judicial custody. 4. It is submitted by the learned counsel for the B.A.No. 4133 of 2009 2 petitioners that mediators intervened and the disputes were settled. 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 offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 5. The petitioners shall be released on bail on their executing a bond for Rs. 25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Mattannur subject to the following conditions:- A) The petitioners shall appear before the Investigating Officer for interrogation as and when required. B) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. The Bail application is allowed as above. K.T. SANKARAN, JUDGE.