IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Bail Appl..No. 1048 of 2010() ---------------------------------- CRIME NO. 821/2009 OF KASARAGOD POLICE STATION ....................... PETITIONERS/ACCUSED NO.8 & 10 : ------------------------------------------ 1. SAMEER.T.M, S/O.KUNHAMED, AGED 25/09, T.K.HOUSE, THEKKEPPURAM, AJANUR GRAMAM (A8) 2. THAHA.K @ THAVU, S/O.KUNHABDULLA, AGED 20/09, BAITHUL MUNA HOUSE, NEAR SHAFI DEVAKANA, ATHINHAL, AJANOOR GRAMAM (A 10) BY ADV. SRI.MURUGAN P.V. RESPONDENT/COMPLAINANT: ----------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KASARAGOD THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. KAMMAPPU PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.1048 of 2010 ------------------------------------ Dated this the 19th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos. 8 and 10 in Crime No.821/2009 of Kasaragod Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 342, 353, 332 and 395 read with Section 149 of the Indian Penal Code and Section 3(1) of the PDPP Act. 3. The date of occurrence was on 15/11/2009. The petitioners were arrested on 26/11/2009. 4. As per the order dated 10/2/2010 in B.A. Nos.216 and 431 of 2010, bail was granted by this Court to accused Nos.9,11, 12 and 13. As per the order passed today in B.A. No.1075/2010, bail was granted to accused Nos. 17 and 18. 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 also taking into account the fact that some other accused persons were granted bail as B.A. No.1048 /2010 2 aforesaid, I am inclined to grant bail to the petitioners. 6. The petitioners shall be released on bail on their executing bond for Rs. 50,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class- I, 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 Kasaragod Police Station for a period of three months except for complying with conditions A and B; D) The petitioners shall surrender their passports before the Court of the Judicial Magistrate of the First Class-I, Kasaragod within one week. If any one of the petitioners does not hold an Indian Passport, an affidavit to that effect, sworn to by him shall be filed before the learned Magistrate within one week; B.A. No.1048 /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 by any of the petitioners, the bail granted to them shall be liable to be cancelled. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE scm