IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Bail Appl..No. 7824 of 2009() ----------------------------- CRIME NO.838/2009 OF KASARAGOD POLICE STATION .................... PETITIONER/ACCUSED NO.4 ------------------------------------------- SANTHOSHKUMAR @ SANTHU, AGED 27 YEARS, S/O.RAMANANDA GUDDE, TEMPLE ROAD, ADUKATHBAYAL, KUDLU GRAMAM. BY ADV. SRI.SHAIJAN C.GEORGE SRI.JOHN VIPIN SRI.P.A.SHIBU (PAZHAVAKAT) SMT.SAJITHA GEORGE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7824 of 2009 --------------------------------------------- Dated this the 6th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.838 of 2009 of Kasaragod Police Station. 2. The offences alleged against the petitioner is under Sections 143, 147, 148, 326, 506(ii) and 427 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 15.11.2009. The petitioner was arrested on 24.11.2009. The allegation is that the accused persons intercepted a bike and attacked the rider of the bike and the pillion rider. 4. It is submitted by the learned counsel for the petitioner that the remaining accused were granted bail by the learned Sessions Judge. 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 BA No.7824/2009 2 petitioner. 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 Chief Judicial Magistrate, 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 csl