IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 Bail Appl..No. 5711 of 2011() ----------------------------- CRIME NO.825/2011 OF CHAVARA POLICE STATION PETITIONER/1ST ACCUSED : --------------------------------- RATHEESH, S/O. CHANDRAN, NANGEZHATHU KIZHAKKETHIL, SOUTHERN SIDE OF MADAPPALLY THYKKAVU, MEMOMBALLI MURI, CHAVARA, KOLLAM DISTRICT. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, CHAVARA, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5711 of 2011 --------------------------- Dated this the 26th day of July, 2011 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.1 in Crime No.825 of 2011 of Chavara Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 149, 341, 332 and 307 of the Indian Penal Code and Section 3(2)(e) of the PDPP Act. 3. The prosecution case is that on 29.6.2011, the petitioner and about 50 persons conducted a protest march which later turned violent. They pelted stones on 3 K.S.R.T.C. buses causing a loss to the tune of ` 30,000/-. It is also alleged that they pelted stones against the policemen and the policemen sustained injuries. It is also alleged that the petitioner and others attempted to kill the Circle Inspector of Police. BA 5711/2011 2 4. The petitioner was arrested on 30.6.2011 and he was remanded to judicial custody. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. 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. The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally, 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; BA 5711/2011 3 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 csl