IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 Bail Appl..No. 5149 of 2011() ----------------------------- CRIME NO.362/2011 OF PAYYANUR POLICE STATION PETITIONER:ACCUSED -------------------- MUHAMMED KUNHI ALIAS MAMOO AGED 36 YEARS, S/O.NOORUDHEEN, CARAMEL PO, VELLUR. BY ADV. SRI.M.V.AMARESAN RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------------- Bail Appln.No.5149 of 2011 ----------------------------------------------------- Dated this the 04th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.362 of 2011 of the Payyanur Police Station. 2. The offence alleged against the petitioner is under Section 436 of the Indian Penal Code. 3. The prosecution case is that on 11/06/2011 at 1.20 am., the accused set fire to the shed belonging to the de facto complainant and thereby caused a loss of `7,000/-. It is stated that the de facto complainant and the accused are relatives. The petitioner was arrested on 11/06/2011 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 `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, Payyanur, subject to the following conditions: Bail Appln.No.5149/2011 : 2 : A) The petitioner shall not enter into the police station limits of Payyanur Police Station for a period of one month, except for complying with conditions (B) & (C). B) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; C) The petitioner shall appear before the investigating officer for interrogation as and when required; D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. 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 skj