IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 Bail Appl..No. 6201 of 2009() ----------------------------- CRIME NO.742/2009 OF VATAKARA POLICE STATION, KOZHIKODE .................... PETITIONER/6TH ACCUSED ------------------------------------------ USMAN,S/O.MAHAMOOD HAJI, AGED 19 YEARS,PUTHIYEDATH HOUSE, KOTTAPPALLY AMSOM,THODANNUR DESOM, VATAKARA,KOZHIKODE DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,KOCHI-31. 2. THE SUB INSPECTOR OF POLICE, VATAKARA POLICE STATION,VATAKARA P.O., KOZHIKODE DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6201 of 2009 --------------------------------------------- Dated this the 27th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.6 in Crime No.742 of 2009 of Vatakara Police Station, Kozhikode. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 326 and 307 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 7.10.2009. The petitioner was arrested on 8.10.2009. 4. It is submitted by the learned Public Prosecutor that there were series of clashes between persons belonging to two different political parties and several persons were injured. The learned Public Prosecutor submitted that the situation in the area is slowly coming to normalcy. If the petitioner is released on bail, it is likely that clashes may again occur. 5. The learned counsel for the petitioner submitted that the petitioner is a student, aged 19 years. The learned counsel for the petitioner also submitted that the petitioner has no BA No.6201/2009 2 criminal antecedents. He is prepared to abide by any condition that may be imposed by the court. 6. It is submitted that the petitioner is suffering from 'unspecified psychosis' as revealed from AnnexureC medical certificate issued by a consultant psychiatrist on 10.10.2009. The certificate was issued two days after the arrest of the petitioner. The signature of the patient is not available. The certificate is issued at the request of the brother of the petitioner. I am not relying on Annexure C certificate for any purpose. 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. 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, Vatakara, subject to the following conditions: BA No.6201/2009 3 a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Sundays, 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 jurisdiction limits of the Circle Inspector of Police, Vatakara for a period of two months except for complying with conditions (a) and (b). 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 csl