IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH JANUARY 2010 / 17TH POUSHA 1931 Bail Appl..No. 7699 of 2009() ----------------------------- CMP.4859/2009 of J.M.F.C.-II,HOSDRUG CRIME NO. 458/2009 OF BAKEL POLICE STATION, KASARAGOD .................... PETITIONER/3RD ACCUSED: ---------------------------------- K.H.HAMEED, S/O.ASSAINAR, AGED 35 YEARS, K.H.HOUSE, THEKKEPURAM POOCHAKKAD, PALLIKKARA VILLAGE, KASARGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT/STATE: ------------------------- THE STATION HOUSE OFFICER, BAKEL POLICE STATION, KASARGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7699 of 2009 ------------------------------------ Dated this the 7th 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 accused No.3 in Crime No. 458/2009 of Bakel Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 143, 147, 341, 323, 308 and 153-A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 12.12.2009, the accused persons about 20 in number, attacked the de facto complainant on the ground that he talked to a Muslim girl. The petitioner was arrested on 15.12.2009 and he was remanded to judicial custody. 4. 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. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First B.A. No. 7699 of 2009 2 Class-II, Hosdurg 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 enter into the limits of Bakel Police Station for a period of two months except for complying with conditions A and B. D) The petitioner shall surrender his passport before the Court of the Judicial Magistrate of the First Class-II, Hosdurg. If the petitioner is not a holder of Indian Passport, an affidavit to that effect sworn to by the petitioner shall be filed. E) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. F) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. G) 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