IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1075 of 2010()
1. JAFFAR SADDIQUE, AGED 19 YEARS,
... Petitioner
2. YASAR.A.V., AGED 23 YEARS, S/O.K.V.MOOSA
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.JAWAHAR JOSE
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :19/02/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No.1075 of 2010
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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. 17
and 18 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 in connection with Crime
No.816/2009 of Kasaragod Police Station on 4/1/2010 and their
formal arrest was recorded in the present case on 8/2/2010.
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.
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
B.A. No.1075 /2010
2
account the fact that some other accused persons were granted
bail as 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.1075 /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