IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 Bail Appl..No. 379 of 2010() ---------------------------- Cr.NO.610/09 OF TALIPARAMBA POLICE STATION PETITIONER/ACCUSED NO.2 ------------------------------------------- JAFFER SADIQUE @ JAFFER, S/O.ABDULLA, AGED 41 YEARS, MADATHIL HOUSE, VELLIKKEEL, PATTUVAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENT(S): COMPLAINANT -------------------------- STATE, THROUGH THE STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, KANNUR DISTRICT (CRIME NO.610/09 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.379 of 2010 --------------------------------------------- Dated this the 15th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Cr.No.610 of 2009 of Taliparamba Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 333, 324 and 307 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 12.10.2009, at 7 P.M., while the de facto complainant was travelling in a bus, he was attacked by the accused persons with dangerous weapons like sword. The de facto complainant sustained eight incised wounds. He was taken to the hospital and his life was saved. It is stated that the de facto complainant and the accused persons belong to different political parties and that several clashes took place in the locality between the workers of those two political parties. The petitioner was arrested on 7.1.2010 and he was remanded to judicial custody. BA No.379/2010 2 4. The learned Public Prosecutor submitted that the petitioner is involved in four other cases. 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 on stringent conditions. 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, Taliparamba, 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 and Thursdays, till the final report is filed or until further orders; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall surrender his passport before the Judicial Magistrate of the First Class, Taliparamba within a period of one week from today. If the petitioner does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed within one week before the learned Magistrate ; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; BA No.379/2010 3 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