IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 Bail Appl..No. 6750 of 2011() ----------------------------- PETITIONER/ACCUSED -------------------------------------- ABDUL KHADER U., AGED 27 YEARS, S/O.UMBU, MAYYALA HOUSE, DELAMBADY POST, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT: STATE -------------------- THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, JUDGE --------------------------------------- B.A.No.6750 of 2011 ---------------------------------------- Dated this the 6th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 624 of 2010 of Kasaragode Police Station. 2. The offence alleged against the petitioner is under Section 333 of Indian Penal Code, Section 3(1) of the PDPP Act, Section 4(IA) read with Section 21 (1) of the Mines and Minerals (Development and Regulation) Act and Section 119 (1) read with Section 174 of the Motor Vehicles Act. 3. The prosecution case is that on 8.6.2010, the mini lorry loaded with sand driven by the petitioner was directed to be stopped by the police. The petitioner did not stop the vehicle. The police chased the vehicle. Finally the police could intercept the vehicle driven by the petitioner. Even thereafter the petitioner took the mini lorry in great speed and thereby the police jeep was overturned. The home guard in the police jeep sustained two fractures. The other policemen in the jeep also sustained injuries. It is alleged that a loss of Rs.3,00,000/- (Rupees Three lakhs only) was caused to the Government. The B.A.No.6750 of 2011 2 petitioner was arrested on 18.7.2011 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. 5. The petitioner shall be released on bail on his executing bond for Rs. 25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like amount to the satisfaction of the Chief Judicial Magistrate, Kasaragode 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 for two months and thereafter on 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. B.A.No.6750 of 2011 3 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 rkc