IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 Bail Appl..No. 7523 of 2009() ---------------------------------- CMP.5086/2009 of J.M.F.C.,KASARAGOD CRIME NO. 357/2009 OF KUMBLA POLICE STATION, KASARAGOD DISTRICT .................... PETITIONER/ACCUSED : ---------------------------- MUHAMMED SHAMEEM.K., S/O.ABDUL KHADER, KUKKAR, MANGALPADI GRAMAM, KASARAGOD DISTRICT. BY ADVS. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENTS/COMPLAINANTS: ------------------------------------ 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, KUMBLA POLICE STATION (CRIME NO.357 OF 2009) KUMBLA, KASARAGOD DISTRICT. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7523 of 2009 ------------------------------------ Dated this the 21st day of December, 2009 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. 357/2009 of Kumbla Police Station. 2. The offences alleged against the petitioner are under Section 308 read with Section 34 of the Indian Penal Code and Section 3(2) of the P.D.P.P. Act. 3. The prosecution case is that the accused persons pelted stones on a bus owned by the Karnataka State Road Transport Corporation. The petitioner was arrested on 07.12.2009 and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 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. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like B.A. No. 7523 of 2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod 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 surrender his passport if any before the Judicial Magistrate of the First Class-I, Kasaragod. If the petitioner does not possess a passport, an affidavit to that effect shall be filed. 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