IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3983 of 2009()
1. NOUFAL P., S/O.MOHAMMED,
... Petitioner
2. UMAIR P., S/O.USMAN,
3. SAMAD P., S/O.C.K.KUNHIMOIDEEN KUTTY,
4. SHERIF M.A., AGED 19 YEARS,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SMT.P.K.PRIYA
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :22/07/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.3983 of 2009
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Dated this the 22nd day of July, 2009
ORDER
This is an application for bail under Section 439 of the Code of
Criminal Procedure. The petitioners are the accused Nos.2, 3, 5 and 4
respectively in Crime No.432 of 2009 of Hosdurg Police Station.
2. The offences alleged against the petitioners are under
Sections 143, 147, 148, 324, 153A and 307 read with Section 149 of
the Indian Penal Code.
3. The incident occurred on 16.6.2009. Accused Nos.2, 3 and
5 surrendered before court on 20.6.2009. The 4th accused was
arrested on 19.6.2009. All of them are in judicial custody.
4. The petitioners filed B.A.No.3592 of 2009 for regular bail
which was dismissed by me on 3rd July 2009 as per Annexure A2 order.
The investigation has progressed much.
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
conditions.
BA No.3983/2009 2
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-I, Hosdurg,
subject to the following conditions:
a) The petitioners shall report before the investigating officer
between 9 A.M. and 11 A.M. on every Monday and Thursday,
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 Hosdurg police
station until the final report is filed or until further orders except
for complying with conditions (a) and (b).
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
BA No.3983/2009 3