IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 Bail Appl..No. 8048 of 2011() ----------------------------- Crime No.7 of 2011 of Payangadi Police Station, Kannur District. PETITIONER/ACCUSED NO.5 ------------------------------------------- M.V.LATHEEF, S/O.KUNHAMINA,AGED 36 YEARS MADALAN VALLIYOTTU HOUSE, KORANPEEDIKA, PARIYARAM AMSOM, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT(S): COMPLAINANT -------------------------- STATE REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, THROUGH PAYANGADI POLICE STATION, KANNUR DT. BY P.P.SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 8048 OF 2011 --------------------------------- Dated this the 20 th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.7 of 2011 of Payangadi Police Station, Kannur District. 2.The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 323, 324 and 326 read with 149 of the Indian Penal Code. 3.The date of occurrence was on 4.1.2011. The petitioner was arrested in connection with another crime on 9.9.2011 and his formal arrest was recorded in the present case on 20.9.2011. 4. It is submitted that in the connected crimes, the B.A.No. 8048 OF 2011 2 petitioner was granted bail as per the order dated 19th October,2011 in B.A.Nos.8349, 8350, 8351 and 8352 of 2011. 5.Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner with effect from 31.10.2011. 6.The petitioner shall be released on bail on 31.10.2011 on his executing bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Payyannur, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on every Thursday, 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. B.A.No. 8048 OF 2011 3 D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioner shall cooperate with the investigating officer in the matter of investigation. 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 cms