IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 Bail Appl..No. 9651 of 2011 CRIME NO.873 OF 2011 OF VARKALA POLICE STATION, THIRUVANANTHAPURAM. PETITIONER/ACCUSED NO.9: -------------------------------------- SHAJI, AGED 26 YEARS, S/O.ASHARAF, HAZEENA MANZIL, KUNNUMPURAM, CHARUMKUZHI, EKAKAMON DESOM, AYIROORI VILLAGE, VARKALA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9651 OF 2011 ------------------------------------------------------ Dated this the 8th day of December, 2011 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.9 in Crime No.873 of 2011 of Varkkala Police Station, Thiruvananthapuram District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 149, 294(b), 332 and 307 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. 3. The prosecution case is that on 28.9.2011 at 11.30 P.M, the police got information that a fight was going on between two groups of persons, who were indulged in illegal sand mining operations. When the police party went to the spot, they were attacked by the accused persons, 10 in number, by hurling country bombs against them. The petitioner was arrested on 28.10.2011 and he was remanded to judicial custody. B.A.No. 9651 OF 2011 :: 2 :: 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The learned Public Prosecutor submitted that the investigation is going on. It is also submitted that the petitioner is involved in several illegal activities and people are afraid to even report the incidents to the police. 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, however, only with effect from 12.12.2011. 6. The petitioner shall be released on bail only on 12.12.2011 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, Varkala, 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 for a period of two months, and thereafter on all Mondays, till the final report is filed or until further orders. B.A.No. 9651 OF 2011 :: 3 :: 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. 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 ahz/