IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 Bail Appl..No. 202 of 2010 CRIME NO.213 OF 2009 OF BADIADKA POLICE STATION, KASARAGOD PETITIONER/ACCUSED ----------------------------------- 1. MOINHI @ MOIDEEN KUNHI, S/O. MOOSA BYARY, MOODAMBAYAL HOUSE, ADIANADUKKA, GUNACHA, NOW RESIDING AT BADHARIYA QUARTERS, BADIADKA. 2. ASHRAF @ ASSAINAR, S/O. MOOSA BYARY, MOODAMBAYAL HOUSE, ADINADUKKA, GUNACHA(N) KARNATAKA. 3. K.BAPPUNJI, SON OF ABDULLA, 34/09, KUTHUKKOLI HOUSE, KUTHUKKOLI. KATTIUKUKKE. 4. K.ABDUL RAZACK, S/O. IBRAHIM, 28/09, KLUTHUKKOLI HOUSE, KUTHUKKOLI, KATTIUKUKKE. BY ADV. SRI.SOJAN MICHEAL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, (CIRCLE INSPECTOR OF POLICE KASARAGOD) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 202 OF 2010 ------------------------------------------------------ Dated this the 21st day of January, 2010 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, 2, 4 and 3 respectively in Crime No.213 of 2009 of Badiadka Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341 and 302 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 3.11.2009. Accused Nos.1 and 2 were arrested on 19.11.2009 and accused Nos.3 and 4 were arrested on 29.11.2009. The petitioners are in judicial custody. 4. The investigation has progressed considerably. 5. After having heard the learned counsel for the petitioners B.A. NO. 202 OF 2010 :: 2 :: and the learned Public Prosecutor, I do not think that there will be any adverse impact if the petitioners are released on bail on stringent conditions. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners and the present stage of investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. 6. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kasaragod, subject to the following conditions: 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 into the limits of Badiadka Police Station for a period of two months; d) The petitioners shall surrender their passports before the Court of the Judicial Magistrate of the First Class, Kasaragod within one week. If any of the petitioners does not hold an Indian Passport, he shall file an affidavit to that effect before the learned Magistrate within one week; B.A. NO. 202 OF 2010 :: 3 :: e) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; g) 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/