IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 Bail Appl..No. 430 of 2010 CRIME NO.795 OF 2009 OF CHADAYAMANGALAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- ASHARAF, S/O.ABOOBACKER, ASSIM MANSILIL, KURIODU MURI, CHADAYAMANGALAM VILLAGE. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT: COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY ITS DIRECTOR OF PUBLIC PROSECUTION HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 430 OF 2010 ------------------------------------------------------ Dated this the 29th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.795 of 2009 of Chadayamangalam Police Station. 2. The offence alleged against the petitioner is under Section 436 of the Indian Penal Code. 3. The prosecution case is that on 30.10.2009, the petitioner set fire to his own house. The petitioner was arrested on 10.1.2010 and he is in judicial custody since then. 4. Taking into account the facts and circumstances of the case, I do not think that continued detention of the petitioner is necessary for the investigation of the case. Therefore, I am of the view that bail can be granted to the petitioner. B.A. NO. 430 OF 2010 :: 2 :: 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – II, Kottarakkara, subject to the following conditions: a) The petitioner 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 petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner 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/