IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 Bail Appl..No. 3 of 2010() ------------------------------------- CRIME NO.645/2009 OF HOSDURG POLICE STATION. PETITIONER/3RD ACCUSED: ------------------------------------------ MOHAMMED SAVAD @ SAVAD.P, AGED 20 YEARS, S/O.SULAIMAN, KANDATHIL HOUSE, KALLURAVI, P.O.KALLURAVI, KANHANGAD, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SMT.P.K.PRIYA RESPONDENT/ COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENING, S.H.O.HOSDURG POLICE STATION, KASARAGOD DISTRICT. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3 of 2010 -------------------------- Dated this the 8th day of January, 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.3 in Crime No.645/2009 of Hosdurg Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 324 and 307 of the Indian Penal Code. 3. The date of occurrence was on 8/10/2009. The petitioner surrendered before the court on 28/12/2009. 4. B.A. No.6125/2009 was filed by accused Nos.1, 4 and 5. As per the order dated 23/10/2009, bail was granted to accused Nos. 4 and 5 and bail was not granted to accused No.1. It is submitted that subsequently accused No.1 was also granted bail as per the order dated 6/11/2009 in B.A. No.6480/2009. 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 B.A. No. 3 / 2010 2 petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Hosdurg 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 scm