IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 Bail Appl..No. 4335 of 2009 CRIME NO.297 OF 2000 OF MANJESHWAR POLICE STATION CRMP.2381/2009 of DISTRICT COURT, KASARAGOD PETITIONER: ACCUSED: -------------------- NASIR ABDUL KHADER, AGED 29, S/O.LATE SHAFI, B.K.MANZIL MANJAL, KUNJATOOR GRAMAM, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT: COMPLAINANT: --------------- THE SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4335 OF 2009 ------------------------------------------------------ Dated this the 12th August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner was the fifth accused in C.C.No.44 of 2002, on the file of the Chief Judicial Magistrate Court, Kasaragod. The petitioner was granted bail. But later, he did not appear before the Court. The case was removed to the long pending list as LP.No.87 of 2007. The petitioner could be arrested only on 5.6.2009. Now the case against the petitioner is renumbered as C.C.No.409 of 2009, on the file of the Court of the Chief Judicial Magistrate, Kasaragod. The petitioner is in judicial custody since 5.6.2009. 2. The offences alleged against the petitioner are under Sections 457, 380 and 461 of the Indian Penal Code. 3. There were six accused persons in the case. It is submitted by the learned counsel for the petitioner that four of the accused persons were tried and acquitted and one accused is still absconding. B.A. NO. 4335 OF 2009 :: 2 :: 4. The learned Sessions Judge dismissed the application for bail submitted by the petitioner as per the order dated 22.7.2009. 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 on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rupees One lakh with two solvent sureties for the like amount to the satisfaction of the Chief Judicial Magistrate, Kasaragod, subject to the following conditions: a) The petitioner shall report before the Station House Officer, Manjeshwar Police Station on every Monday between 9 AM and 1 PM, until further orders; b) The petitioner shall surrender his passport, if any, before the Court of the Chief Judicial Magistrate, Kasaragod; 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; B.A. NO. 4335 OF 2009 :: 3 :: 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 ahz/