IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 Bail Appl..No. 3300 of 2009() ----------------------------- CRMP.2570/2009 of J.M.F.C.,KUNNAMKULAM CRIME NO.261/09 OF VADAKKEKAD POLICE STATION PETITIONERS/ACCUSED NOS.1 TO 3,5 TO 7 & 9 ------------------------------------------------------------- 1. KASIM, S/O.MUHAMMADALI, THECHAMPURAKKAL HOUSE, AKALAD, 5TH STONE BEACH, PUNNAYOOR VILLAGE, THRISSUR DISTRICT. 2. ABDULKALAM @ KELU, S/O.MAMU, ACHINGAL HOUSE, 5TH STONE BEACH, PUNNAYOOR VILLAGE, THRISSUR DISTRICT. 3. SHEREEF @ VELIYAMKODE SEREEF, S/O.MUHAMMED BASHEER, KAPPURAYIL HOUSE, VELIYAMOODE VILLAGE & DESOM, PONNANI. 4. BADHUSHA, S/O.SHAHULHAMEED, THECHAMPURAKKAL HOUSE, PUNNAYOOR VILLAGE, NEAR AKALAD MIC SCHOOL, THRISSUR DISTRICT. 5. JALEEL @ UDDOLI JALEEL, S/O.SHAHULHAMEED, THECHAMPURAKKAL HOUSE, PUNNAYOOR VILLAGE, NEAR AKALAD MIC SCHOOL, THRISSUR DISTRICT. 6. KHALEEL, S/O.MUSTHAFA, THECHAMPURAKKAL HOUSE, AKALAD 5TH STONE, PUNNAYOOR VILLAGE, THRISSUR DISTRICT. 7. SHAFFY, S/O.HAMSAKUTTY, KARUPPAM VEETTIL, CHAVAKKAD THEKKENCHERY MANATHALA VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, VADAKKEKAD POLICE STATION. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 3300 of 2009 ----------------------------------------- Dated this the 23rd June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused persons in Crime No.261 of 2009 of Vadakkekad Police Station. It is stated that Crime No.262 of 2009 of the same Police Station is in respect of an incident occurred on the same day. In Crime No.261 of 2009, the petitioners are the accused persons, while in Crime No.262 of 2009, the mother of the fifth petitioner herein is the de facto complainant. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 324 and 307 read with 149 of the Indian Penal Code. 3. 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. BA.3300/09 2 5. 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,Kunnamkuklam, subject to the following conditions: A) The petitioners shall report before the investigating officer between 9 AM and 11 AM on all Mondays, 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 try to influence the prosecution witnesses or tamper with the evidence; D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) 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 vgs.