IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 Bail Appl..No. 6642 of 2009() ----------------------------- CRIME NO.311/2009 OF KUMBLA POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- NIYAS AHAMMED K., AGED 26/09, S/O.NOORMUHAMMED, AMBAR HOUSE, NAYABASAR, MANGALPADI GRAMAM, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE, KUMBLA POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6642 of 2009 --------------------------------------------- Dated this the 30th 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.4 in Crime No.311 of 2009 of Kumbla Police Station. 2. The offences alleged against the petitioner are under Sections 341, 324, 307 and 120B read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 22.10.2009. The petitioner was arrested on 26.10.2009. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 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. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like BA No.6642/2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class, Kasaragod, 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