IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 Bail Appl..No. 5176 of 2009() ------------------------------------------ CRMP.1824/2009 of J.M.F.C.,ERATTUPETTA CRIME NO.278/2009 OF ERATTUPETTA POLICE STATION, KOTTAYAM. .................... PETITIONER/ACCUSED: ------------------------------- MR.RAFEEK, S/O. SAYED MOHAMMED, PATTARUPARAMBIL, NADAKKAL KARAYIL, ERATTUPETTA P.O BY ADV. SRI.P.A.MOHAMMED SHAH RESPONDENTS/COMPLAINANT: ------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, ERATTUPETTA POLICE STATION, ERATTUPETTA P.O., KOTTAYAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5176 of 2009 ------------------------------------ Dated this the 9th day of September, 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 accused in Crime No. 278/2009 of Erattupetta Police Station, Kottayam. 2. The offences alleged against the petitioner are under Sections 292(ii)(b), 468, 469, 471 & 420 of the Indian Penal Code, Section 3(1)(b) of the Young Persons Harmful Publication Act and Section 52 read with Section 68A of the Copy Right Act. 3. The prosecution case is that the petitioner was engaged in the manufacture and distribution of unauthorised DVDS without any licence and CD containing obscene pictures. The petitioner was arrested on 10/8/2009. The Bail Application filed by the petitioner was dismissed by the learned Magistrate by the order dated 29/08/2009. On an earlier occasion, the learned Sessions Judge considered the Bail Application filed by the petitioner and the application was dismissed by the order dated 21/08/2009. 4. The learned Public Prosecutor submitted that subsequently the investigation is completed and charge was laid. 5. Taking into account the facts and circumstances of the B.A. No. 5176 / 2009 2 case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the fact that the charge was laid, 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 Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Erattupetta subject to the following conditions:- A) The petitioner shall report before the Station House Officer, Erattupetta between 9 A.M. and 11 A.M. on every Monday, until further orders. B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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