IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 Bail Appl..No. 7742 of 2009 CRIME NO.497 OF 2009 OF CHANDERA POLICE STATION, KASARAGOD. PETITIONER: ACCUSED NO.1: ------------------------------ K.SHAHUL HAMEED, S/O.ABDULRAHIMAN AGED 24 YEARS, MASNIYANODI, VADAKKE THRIKARIPUR GRAMAM, KASARGOD DISTRICT. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENT: COMPLAINANT & STATE: --------------- 1. THE STATION HOUSE OFFICER, CHANDRA POLICE STATION (CRIME NO.497/09 2. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR ,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7742 OF 2009 ------------------------------------------------------ Dated this the 18th day of January, 2010 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.1 in Crime No.497 of 2009 of Chandera Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 436 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 15.12.2009 at 2.45 AM, the accused persons set fire to Marar Smrithi Mandapam in Thrikaripur Village. The petitioner was arrested on 17.12.2009. He is in judicial custody since then. 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. B.A. NO. 7742 OF 2009 :: 2 :: 5. 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 – I, Hosdurg, 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 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 ahz/