IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 Bail Appl..No. 5094 of 2010() ---------------------------------- CRMP.3252/2010 of J.M.F.C. - I, PARAVUR .................... (CRIME NO.446/2010 OF VARAPUZHA POLICE STATION, ERNAKULAM DISTRICT) PETITIONER/ACCUSED NO.1 ---------------------------------- ABDUL SALAM, S/O. HYDROSE MOULAVI, AGED 38 YEARS, KALLUPARAMBIL VEEDU, CHERANALLUR KARA & VILLAGE, ERANAKULAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, VARAPPUZHA POLICE STATION, ERNAKULAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5094 of 2010 ------------------------------------------------ Dated this the 31st day of August, 2010 ORDER In this Petition filed under Section 439 Cr.P.C. the petitioner who is accused No.1 in Crime No.446/2010 of Varappuzha Police Station for offences punishable under Sections 279, 353 & 332 read with Section 34 I.P.C., Sections 20 & 23 read with Section 27 of Kerala River Bank Protection and Sand Mining Act, 2001, seeks his enlargement on bail. The petitioner was arrested on 3/8/2010. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody of the petitioner, the present stage of investigation and the other circumstances of the case etc., I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail with effect from 9/9/2010 on the petitioner executing a bond for Rs.10,000/- (Rupees ten thousand only) with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, North Paravur and subject to the following Bail Appln.No.5094/2010 : 2 : conditions: 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make himself available for interrogation including custodial interrogation as and when required by the police till the filing of the final report. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE skj