IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 Bail Appl..No. 6593 of 2009() -------------------------------------- CRIME NO. 225/2009 OF KOLAVALLUR POLICE STATION ........................ PETITIONER/ACCUSED A2: ---------------------------------------- SUBAIR, S/O.KUNHABDULLA, MAHIL HOUSE, KADAVATHUR. BY ADV. SRI.K.ANAND RESPONDENTS/STATE & COMPLAINANT: -------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGHH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, KOLAVALLUR POLICE STATION. BY SRI. P.A. SALIM PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6593 of 2009 ------------------------------------ Dated this the 12th 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 accused No.2 in Crime No.225/2009 of Kolavallur Police Station, Kannur. 2. The offences alleged against the petitioner are under Sections 143, 147, 148 and 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. 3. The date of occurrence was on 27/10/2009. The petitioner was arrested on 29/10/2009 and he was remanded to judicial custody. 4. 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. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First B.A. No. 6593/2009 2 Class, Thalassery 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 scm