IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 19TH MAY 2008 / 29TH VAISAKHA 1930 Bail Appl..No. 3220 of 2008() ----------------------------- CMP.2070/2008 of J.M.F.C.,KASARAGOD .................... (CRIME NO.268 OF 2008 OF HOSDURG POLICE STATION) PETITIONERS: ACCUSED 2, 4 & 5: -------------------------------------------------- 1. SHAJAHAN P.K., S/O.KUNHABDULLA,AGED 22 JAMEELA MANZIL, ATHINHAL,AJANUR VILLAGE. 2. ILLIYAS, AGED 18 YEARS, S/O.ABDULRAHIMAN,SABITH MANZIL, ATHINHAL, P.O.MANIKOTH. 3. AJMAL,AGED 19 YEARS, S/O.OBRAHIM,AMINAS MANZIL, ATHINHAL POST, MANIKOTH. BY ADV. SRI.M.SANTHOSHKUMAR RESPONDENT: COMPLAINANT & STATE: ------------------------------------------------------------- THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss HARUN-UL-RASHID, J. ---------------------------------------------- BAIL APPLICATION NO. 3220 OF 2008 ---------------------------------------------- Dated this the 19th day of May, 2008 O R D E R Application for regular bail. The petitioners are the accused Nos. 2, 4 and 5 in Crime No.268 of 2008 of Hosdurg Police Station registered alleging offences punishable under Sections 143, 147, 148, 341, 324 and 308 read with Section 149 I.P.C. The first petitioner was arrested on 6.5.2008 and the other accused surrendered on 9.5.2008 and they continue to be in custody since then. 2. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody of the petitioners and other circumstances of the case, I am satisfied that this is a fit case for grant of bail. B.A.NO.3220/2008 2 Accordingly, the petitioners are directed to be released on bail on their executing a bond for Rs.25,000/- (Rupees Twenty-five thousand only)each with two solvent sureties each for the like amount to the satisfaction of the trial court and subject to the following conditions: 1. Petitioners shall report before the Investigating Officer between 10 a.m. and 1 p.m. on all Mondays. 2. Petitioners shall make themselves available for interrogation as and when required by the police till the filing of the final report. 3. Petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence of the prosecution. 4. Petitioners shall not commit any offence while on bail. If the petitioners commit breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. The application is allowed as above. (HARUN-UL-RASHID, JUDGE) es/ B.A.NO.3220/2008 3