IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3504 of 2009()
1. AMJATH @ AMJATHKHAN, AGED 22 YEARS,
... Petitioner
2. AYOOB, AGED 21 YEARS, S/O. ABOOBACKER,
3. MONU @ MUSTHAFA, AGED 21 YEARS,
4. ABDUL RAHIMAN, AGED 30 YEARS,
5. ABOOBACKER, AGED 31 YEARS,
6. MUHAMMEDALI, AGED 29 YEARS,
7. USMAN, S/O. HYDRUPPA, AGED 26 YEARS,
Vs
1. STATE OF KERALA, THROUGH THE
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :03/07/2009
O R D E R
K.T.SANKARAN, J.
----------------------------------
B.A.Nos.3504 & 3505 of 2009
------------------------------------
Dated this the 3rd day of July, 2009
ORDER
Bail Application No.3504 of 2009 is filed by accused Nos. 1 to 4
and 7 to 9 while Bail Application No.3505 of 2009 is filed by accused
Nos.5 and 6 in Crime No.364 of 2009 of Ottapalam Police Station,
under Section 439 of the Code of Criminal Procedure.
2. The offences alleged against the petitioners are under
Sections 143, 147, 148, 324, 342, 427, 308 and 153(A) read with
Section 149 of the Indian Penal Code.
3. The date of occurrence is on 4.6.2009. Accused Nos.5 and
6 were arrested on 5.6.2009. Accused Nos.1 to 4 and 9 were arrested
on 17.6.2009 while accused Nos.7 and 8 were arrested on 13.6.2009.
All of them are in judicial custody.
4. I have gone through the case diary and the wound
certificate.
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 the present stage of investigation, I am
of the view that bail can be granted to the petitioners on stringent
BA No.3504/2009 2
conditions.
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-Ottapalam,
subject to the following conditions:
a) The petitioners shall report before the DYSP, Ottapalam, on
every Monday and Thursday between 9 A.M. and 11 A.M. 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 the limits of Ottapalam Police
Station except for complying with conditions in a and b, until
further orders.
d) The petitioners shall not try to influence the prosecution
witnesses or tamper with the evidence;
e) The petitioners shall not commit any offence or indulge in any
prejudicial activity while on bail;
f) 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