IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 Bail Appl..No. 333 of 2010() ---------------------------- CRIME NO.222/2009 OF BADIADKA POLICE STATION .................... PETITIONERS/ACCUSED 3 AND 4 ----------------------------------------------- 1. MUHAMMED NASSAR @ MUHAMMED NISSAR, S/O.ABDULKHADER, AGED 29 YEARS,KANIYALATHADUKKA, BAYAR GRAMAM, KASARAGOD 2. ASARU @ ASHARAF, S/O.ABDUL KHADER, AGED 28 YEARS, KADIDHAREMOOLA HOUSE, DHARMMATHADUKKA, BAYAR GRAMAM, KASARAGOD, BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, BADIADHA POLICE STATION, KASARAGOD. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.333 of 2010 --------------------------------------------- Dated this the 25th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.3 and 4 in Crime No.222 of 2009 of Badiadka Police Station. 2. The offences alleged against the petitioners are under Sections 341, 324 and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 17.11.2009. The petitioners were arrested on 10.1.2010. 4. 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. 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-I, Kasaragod, subject to the following conditions: BA No.333/2010 2 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 surrender their passports before the court of the Judicial Magistrate of the First Class-I, Kasaragod within one week from today. If any of the petitioners does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed within one week before the learned Magistrate; 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 csl