IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 Bail Appl..No. 6519 of 2009() ----------------------------- CRIME NO.610/2009 OF TALIPARAMBA POLICE STATION PETITIONER/3RD ACCUSED ------------------------------------------ MARZOOQUE T.P., S/O.USMAN, AGED 23 YEARS, RESIDING AT THAZETHE PURAYIL, CHERUTHAZHAM AMSOM, MANDUR DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): --------------- STATE OF KERALA, REP. BY STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6519 of 2009 --------------------------------------------- Dated this the 9th day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.610 of 2009 of Taliparamba Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341 and 307 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 12.10.2009, while the defacto complainant was travelling in a bus, about eight persons got into the bus and attacked him with weapons. He sustained several incised wounds. The defacto complainant was admitted in the hospital. 4. It is pointed out by the learned counsel for the petitioner that the name of the petitioner is not mentioned in the FIR. It is also submitted that no overt act as such is alleged against the petitioner. The petitioner was arrested on 14.10.2009. He is in judicial custody since then. 5. Taking into account the facts and circumstances of the BA No.6519/2009 2 case, the duration of the judicial custody undergone by the petitioner, the nature of the offence, the present stage of investigation and the fact that the name of the petitioner is not mentioned in the FIR and also the fact that no overt act as such is alleged against the petitioner, I am of the view that bail can be granted to the petitioner. 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, 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 csl