IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 Bail Appl..No. 1090 of 2010() ----------------------------- CRIME NO.11/2010 OF MANJESHWAR POLICE STATION PETITIONER/ACCUSED -------------------------------------- HANEEFA, AGED 28 YEARS, S/O.HAMEED, R/AT BOLMAR (H), PUTHUR VILLAGE, KASARGOD DIST. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER MANJESHWAR, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1090 of 2010 --------------------------------------------- Dated this the 4th day of March, 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.4 in Crime No.11 of 2010 of Manjeshwar Police Station. 2. The offences alleged against the accused are under Sections 143, 147, 148, 341, 323, 324, 365 and 308 read with Section 149 of the Indian Penal Code. 3. The prosecution case is the following: The de facto complainant is a Camera man of T.V. -9 news channel operating from Mangalore. On 6/01/2010, the de facto complainant and his brother came to Kerala in a car. When the car reached Bakrabayal Kajapadavu, near the border of Kerala and Karnataka, the de facto complainant took the photographs of the lorries, in which sand was illegally being transported from Karnataka to Kerala. Some people approached the de facto complainant and restrained him from taking photographs. Thereafter, the de facto complainant and his brother went to Vijayaduka to participate in the centenary celebrations of St. BA No.1090/2010 2 Loran's Church. When the de facto complainant was in the church, he received a call in his mobile phone and he was requested not to publish the photographs of the lorries. He was offered any amount which he wanted, for not publishing the photographs. The de facto complainant stated that it was his duty to arrange the news. At that time, the de facto complainant was threatened with dire consequences. At about 6 P.M. on the same date, while the de facto complainant was returning, he videographed the movements of the lorries engaged in illegally transporting sand. Thereafter, he proceeded towards Mangalore. At about 6.30 P.M, on his way, the de facto complainant was intercepted by 50 persons at a place called Kajapadavu. The de facto complainant and his brother were beaten by the persons assembled there. When they fell down, they were taken to a place, where the illegally transported sand was stored. The photographs and pictures in the mobile phone and video camera were deleted. The documents in respect of the vehicle were forcibly taken from the de facto complainant. For about two hours, the de facto complainant and his brother were detained by the accused. Later, they were released. While returning to BA No.1090/2010 3 Mangalore, they reported the matter to Karnataka police. With the help of Karnataka police, they informed the matter to Manjeshwar Police Station and accordingly, the crime was registered. 4. The petitioner was arrested on 10.2.2010 and he was remanded to judicial custody. 5. As per the order dated 27th January, 2010 in Bail Application No.310 of 2010, bail was granted to accused No.3. 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. 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-I, 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 and Thursdays, till the final report is filed or until further orders; b) The petitioner shall appear before the BA No.1090/2010 4 investigating officer for interrogation as and when required; c) The petitioner shall surrender his passport before the Judicial Magistrate of the First Class-I, Kasaragod within a period of one week from today. If the petitioner does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed within one week before the learned Magistrate ; 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 csl