IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 Bail Appl..No. 300 of 2010() -------------------------------------- CR. NO.807/2009 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT. .................... PETITIONER/ACCUSED NO.1 ------------------------------------------- C.P. FAISAL, S/O.HASSAN, AGED 26 YEARS, CHULLIYODAN POTTICHI HOUSE, NHATTUVAYAL, TALIPARAMBA.P.O, TALIPARAMBA AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. MR.V.A.SATHEESH, MR.V.T. MADHAVANUNNI. RESPONDENT/COMPLAINANT ------------------------------------------- STATE, THROUGH THE STATION HOUSE OFFICER TALIPARAMBA POLICE STATION, KANNUR DISTRICT. (CRIME NO.807/09 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT).REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/01/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 300 of 2010 ------------------------------------ Dated this the 22nd 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.1 in C.R. No.807/2009 of Taliparamba Police Station, Kannur. 2. The offences alleged against the petitioner are under Sections 341, 308 and 435 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 19/12/2009, the accused persons who came on a bike intercepted the autorickshaw driven by the de facto complainant and assaulted him and set fire to the autorickshaw. The petitioner was arrested on 25/12/2009 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 B.A. No. 300/2010 2 bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Taliparamba 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, 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, Taliparamba. If the petitioner is not in possession of a Passport, an affidavit to that effect shall be filed before the learned Magistrate; 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 scm