IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 Bail Appl..No. 336 of 2010() ---------------------------- CRIME NO.998/2009 OF KAYAMKULAM POLICE STATION .................... PETITIONER (S):ACCUSED ------------------------------------ BASHEER, AGED 51 YEARS, S/O.SHIHABUDEEN KUNJU KURAVANKERIL HOUSE KMCW-36, KEERIKKADU THEKKUM MURI KEERIKKADU VILLAGE, KARTHIKAPPALLY TALUK. ALAPPUZHA DISTRICT BY ADV. SRI.K.JAYARAJ RESPONDENT(S): COMPLAINANT ------------------------------------------ KERALA STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE, KAYAMKULAM THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.336 of 2010 --------------------------------------------- Dated this the 25th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.998 of 2009 of Kayamkulam Police Station. 2. The offence alleged against the petitioner is under Section 308 of the Indian Penal Code. 3. The date of occurrence was 23.12.2009. The petitioner was arrested on 31.12.2009 and he was remanded to judicial custody. 4. In respect of the incident on 23.12.2009, Crime No.1044 of 2009 was registered in which the petitioner is the de facto complainant. 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. BA No.336/2010 2 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, Kayamkulam, 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 csl