IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Bail Appl..No. 8849 of 2011() ----------------------------- CRIME NO.472/2011 OF PAYANGADI POLICE STATION, KANNUR PETITIONERS/ACCUSED NO.1 & 2 : -------------------------------------- 1. SAIDARAKATH KALAM, S/O. NISSAR, AGED 18 YEARS, IRUMBAN HOUSE, NEAR JUMA MASJID, PAYANGADI, PAYANGADI AMSOM, KANNUR DISTRICT. 2. VALIYA MADATHINMEL USSAIN, S/O. ABDUL KAREEM, AGED 18 YEARS, VALIYA MADATHINMEL HOUSE, NEAR JUMA MASJID, PAYANGADI,PAYANGADI AMSOM, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT(S): COMPLAINANT -------------------------- STATE REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM THROUGH PAYANGADI POLICE STATION, KANNUR DT., PIN 670 141. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8849 of 2011 --------------------------- Dated this the 2nd day of November, 2011 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.3 and 2 respectively in Crime No.472 of 2011 of Payangadi Police Station, Kannur District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 341, 323, 326, 308 and 506(ii) read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 29.9.2011 at 11 P.M., while the de facto complainant and another were travelling on a bike, they were intercepted by the accused and the de facto complainant and his friend were attacked with iron rods. The de facto complainant sustained serious injuries including fracture of right tibia. BA 8849/11 2 4. The petitioners were arrested on 6.10.2011 and they were remanded to judicial custody. 5. It is submitted that the petitioners are students of Madayi Arts College. Bail Application No.8394 of 2011 filed by the petitioners were dismissed by the order dated 20th October, 2011. 6. 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. The petitioners shall be released on bail on their executing bond for ` 25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Payyannur, 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, till the final report is filed or until further orders; BA 8849/11 3 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 csl