IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Bail Appl..No. 7831 of 2009() ---------------------------------- CRIME NO.110/2009 OF CHOKLI POLICE STATION .................... PETITIONER/2ND ACCUSED: --------------------------------- ANEES MUHAMMED, S/O.MUHAMMED, AGED 18 YEARS, STUDENT (1ST YEAR B.COM), THADATHIL HOUSE, P.O. PULLUKARA, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT/COMPLAINANT: ----------------------------------- STATE OF KERALA, STATION HOUSE OFFICER, CHOKLI POLICE STATION, KANNUR DISTRICT, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7831 of 2009 ------------------------------------ Dated this the 6th 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.2 in Crime No. 110/2009 of Chokli Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148 read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. 3. The prosecution case is that on 18.05.2009, while the de facto complainant and others were walking along the side of the road, the accused persons hurled a country bomb against them. The de facto complainant sustained injuries. It is stated that the offence was committed on account of political rivalry. The petitioner was arrested on 22.12.2009 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. B.A. No. 7831 of 2009 2 5. 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, Thalassery 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 surrender his passport before the Court of the Judicial Magistrate of the First Class, Thalassery. If the petitioner is not a holder of Indian Passport, an affidavit to that effect sworn to by the petitioner shall be filed. 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 ln