SAINUDEEN METHALERI Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 439 Cr.P.C. the petitioners, who are accused Nos.1 to 3 in Crime No.232/06 of Vazhakkad Police Station for an offence punishable under Sec.308 read with section 34 IPC, seek their enlargement on bail. The occurrence took place at about 10 a.m. on 8.10.2006. The petitioners were arrested on 12.3.2007.

(2.) Learned Public Prosecutor opposed the application submitting, inter alia, that the first accused is involved in another crime for an offence punishable under section 304 IPC.

(3.) Having regard to the antecedents of the first accused/first petitioner, I am not inclined to grant bail to the first accused. In the case of accused Nos.2 and 3, since they were not armed with any deadly weapon, I am inclined to grant bail to them but only with effect from a future date. Accordingly, the 2nd and 3rd petitioners are directed to be released on bail with effect from 30.3.2007 on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M., Malappuram and subject to the following conditions: