IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 Bail Appl..No. 6486 of 2009() ------------------------------------ CRIME NO. 83/2009 OF PERINGOME POLICE STATION .................... PETITIONER/ACCUSED NO.2: ------------------------------------------ KUMMACHI NABEEL, S/O.ABDUL AZEEZ, AGED 29 YEARS, PERINGOME AMSOM, PEDANA, VAYAKKARA DESOM. BY ADV. SRI.P.M.HABEEB RESPONDENT: --------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (S.I. OF POLICE, PERINGOME POLICE STATION). BY SRI. K.S.SIVAKUMAR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6486 of 2009 ------------------------------------ Dated this the 11th 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. 83/2009 of Peringome Police Station, Kannur District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 326 and 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 01.04.2009. The petitioner was arrested on 16.10.2009. 4. It is submitted by the learned Public Prosecutor that the petitioner is involved in two other criminal cases. 5. The learned Public Prosecutor submitted that accused Nos. 3, 5 and 6 were released on bail. 6. 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. 6486 of 2009 2 7. 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 Class, Payyannur 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 two months and thereafter on all Mondays, until 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 ln