IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5484 of 2009()
1. ANVERSHA, S/O.ABDULKALAM,
... Petitioner
2. NUJUMUDEEN, S/O.ABDUL AZEEZ,
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :25/09/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 5484 OF 2009
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Dated this the 25th day of September, 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 Nos.4 and 5 in
Crime No.1038 of 2009 of Kollam East Police Station.
2. The offences alleged against the accused persons are
under Sections 120B, 143, 147, 148, 341, 324 and 307 read with
Section 149 of the Indian Penal Code.
3. The date of occurrence was on 29.8.2009. The petitioners
were arrested on 8.9.2009. They are in judicial custody.
4. It is submitted by the learned counsel for the petitioners
that accused Nos.1 to 3 were granted bail by this Court as per the
order dated 18.9.2009 in B.A.No.5308 of 2009.
5. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
B.A. NO. 5484 OF 2009
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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.
6. The petitioners shall be released on bail on their executing
bond for Rs.25,000/- each with two solvent sureties for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class – II, Kollam, 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;
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
ahz/
