IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 Bail Appl..No. 8347 of 2011() ----------------------------- CMP.8316/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.709 OF 2011 OF CHANDERA POLICE STATION, KASARAGODE DT. .................... PETITIONER/ACCUSED -------------------------------------- K.P.P. MUKESH, S/O. GOPALAN, AGED 20 YEARS, KALAYAKKAL PUTHIYAPURAYIL HOUSE, VELUTHAPOYYA, MAVILA KADAPPURAM, PADNA VILLAGE. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE SUB INSPECTOR OF POLICE, CHANDERA POLICE STATION, KASARGODE DISTRICT. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8347 OF 2011 --------------------------------- Dated this the 17th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The Petitioner is the sole accused in Crime No.709 of 2011 of Chandera Police Station, Kasaragode District. 2. The offence alleged against the petitioner is under Section 436 of the Indian Penal Code. 3. The prosecution case is that on 5.10.2011 at 00.15 A.M, the accused set ablaze the shed attached to the house of the defacto complainant due to previous enmity, causing a loss of `50,000/-(Rupees Fifty thousand only) to the defacto complainant. 4. The petitioner was arrested on 7.10.2011 and he was B.A.No. 8347 OF 2011 2 remanded to judicial custody. 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 `25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Hosdurg, 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 enter into the Police Station limits of Chandera Police Station for a period of two months except for complying with conditions A & B. B.A.No. 8347 OF 2011 3 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. G) 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. cms