IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 Bail Appl..No. 727 of 2010() ---------------------------------------- (CRIME NO,231/09 OF KOLAVALLOOR POLICE STATION,KANNUR) .................... PETITIONER/IST ACCUSED: ------------------------------------------ DAVOOD.K, AGED 32 YEARS, S/O.AHAMMED, GULF EMPLOYEE, KOCHANTAVIDA, P.O.KADAVATHOOR, KANNUR. BY ADV. MR.GRASHIOUS KURIAKOSE RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, STATION HOUSE OFFICER, KOLAVALLOOR, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/02/2010 ALONG WITH BA.NO.728 OF 2010 AND BA.NO. 729 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T.SANKARAN, J. -------------------------- B.A. NOS.729, 727 and 728 OF 2010 --------------------------------------------- Dated this the 10th day of February, 2010 O R D E R These three Bail Applications are filed by the same person, who is one of the accused in Crime Nos.227 of 2009, 231 of 2009 and 232 of 2009 of Kolavalloor Police Station, for bail under Section 439 of the Code of Criminal Procedure. 2. B.A.No.729 of 2010 relates to Crime No.227 of 2009. The offences alleged against the petitioner are under Sections 447 and 427 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. The prosecution case is that on 29.10.2009, the accused persons hurled a steel bomb to the courtyard of the de facto complainant. The bomb exploded causing damage to the property of the de facto complainant to the tune of Rs.4,000/-. The petitioner was arrested on 3.1.2010 and he was remanded to judicial custody. 3. B.A.No.727 of 2010 relates to Crime No.231 of 2009. The offences alleged against the petitioner are under Sections 143, 147, 148 and 427 read with Section 149 of the Indian Penal B.A. NOS.727, 728 and 729 OF 2010 2 Code and Sections 3 and 5 of the Explosive Substances Act. The prosecution case is that on 29.10.2009, the accused persons hurled a steel bomb on the house of the de facto complainant causing damage to the tune of Rs.1,000/-. The petitioner was arrested on 3.1.2010 and he was remanded to judicial custody. 4. B.A.No.728 of 2010 relates to Crime No.232 of 2009 in which the petitioner is the first accused. The offences alleged against the petitioner are under Sections 143, 147, 148 and 427 read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. The prosecution case is that on 29.10.2009, the accused persons hurled a steel bomb on the house of the de facto complainant causing damage to the tune of Rs.22,000/-. The petitioner was arrested on 3.1.2010 and he was remanded to judicial custody. 5. It is stated that in the area in question, a series of clashes took place, between members of two political parties, namely, Communist Party of India (Marxist) and Indian Union Muslim League. The offence was committed in the background of these clashes. B.A. NOS.727, 728 and 729 OF 2010 3 6. The petitioner filed Bail Application Nos. 218, 219 and 221/2010 praying for bail and those applications were dismissed by the order dated 20.01.2010. 7. 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 on stringent conditions. 8. The petitioner shall be released on bail on his executing bond for Rs.25,000/- in each case with two solvent sureties each for the like amount to the satisfaction of the Court of the Chief Judicial Magistrate, Thalassery 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 and Thursdays, 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 surrender his passport before the Court of the Chief Judicial Magistrate, Thalassery within a period of B.A. NOS.727, 728 and 729 OF 2010 4 one week. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Chief Judicial Magistrate within one week. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner 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 ln