IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 Bail Appl..No. 2899 of 2009() --------------------------------------- CR. NO.258/2009 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT .................... PETITIONER/ACCUSED NO.3: ------------------------------------------- C.P.SHABEER, S/O.UMMER, AGED 22 YEARS, CHULLIYODAN POTTICHI HOUSE, KARYAMBALAM, TALIPARAMBA AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENT/ COMPLAINANT: ---------------------------------------------- STATE, THROUGH THE STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, KANNUR DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2899 of 2009 ------------------------------------ Dated this the 3rd day of June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal procedure. The petitioner is the accused No. 3 in Crime No. 258/2009 of Taliparamba Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 324, 308, 427 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 11/05/2009, the defacto complainant who is a press photographer went to the scene of an accident. It was a bus accident, in which a girl died. The photographer saw that several people were destroying the bus. He attempted to take photograph of the same. Being provoked by that several people attacked him and took away his camera and committed the offence alleged. 4. I have perused the case diary. In the wound certificate it is recorded that the injuries were sustained when the defacto complainant ran away from the scene. No serious injuries are noted. The petitioner was arrested on 12/05/2009 and he is in judicial custody. B.A. No. 2899/2009 2 5. 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. 6. 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, Taliparamba subject to the following conditions:- A) The petitioner shall appear before the Investigating Officer for interrogation as and when required. B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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 scm