IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 Bail Appl..No. 6634 of 2009 CRIME NO.226 OF 2008 OF KASARAGOD POLICE STATION PETITIONER/1ST ACCUSED: ------------------------------------------- SARATH, S/O.RAGHAVAN, AGED 22 YEARS, AYYAPPA NAGAR, KELUGUDE, KUDLU VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.S.JIJI RESPONDENT: --------------- THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. DIRECTOR GENERAL OF PROSECUTION SRI.V.G.GOVINDAN NAIR PUBLIC PROSECUTOR SRI.C.K.SURESH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6634 OF 2009 ------------------------------------------------------ Dated this the 30th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.226 of 2008 of Kasaragod Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 324, 307 and 153A read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 20.3.2008. The petitioner surrendered before Court on 28.10.2009 and he was remanded to judicial custody. 4. When the Bail Application came up for hearing on 19.11.2009, the following order was passed: “When it was brought to the notice of the learned Director General of Prosecution that certain directions were issued in the decision in Sudhish K. and others Vs. B.A. NO. 6634 OF 2009 :: 2 :: State of Kerala and another 2009(4) KHC 333), the learned Director General of Prosecution sought time to ascertain as to whether any steps were taken to contain religious disharmony in Kasaragod District.” 5. The learned Director General of Prosecution, on getting written instruction from the Chief Secretary to the Government, submitted that earnest steps are being taken to see that communal harmony is restored in Kasaragod District. It is also submitted that steps are being taken for containing communal disharmony in the District. Learned Director General of Prosecution, with reference to the statement given by the Chief Secretary to the Government, submitted that several steps are being taken in this regard at various levels of the police force and also the District administration. These submissions are recorded. 6. The petitioner is in judicial custody since 28.10.2009. There is no reason why he should be detained further. 7. 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. B.A. NO. 6634 OF 2009 :: 3 :: 8. 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 - 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 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 ahz/