IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 Bail Appl..No. 34 of 2010() --------------------------- Cr.NO.544/2009 OF NALLALAM POLICE STATION, KOZHIKODE .................... PETITIONER/IST ACCUSED ------------------------------------------ ARUN, S/O.NATARAJAN,KURUNGOTTUMMAL, PERUMANNA,PANTHEERANKAVU.PO,KOZHIKODE. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.34 of 2010 --------------------------------------------- Dated this the 12th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Cr.No.544 of 2009 of Nallalam Police Station, Kozhikode District. 2. The offence alleged against the petitioner is under Section 379 of the Indian Penal Code and Sections 20 and 21 of the Protection of River Banks and Regulation of Removal of Sand Act. 3. The prosecution case is that on 5.12.2009, the accused persons were found transporting sand taken from the river. They were arrested on 5.12.2009 itself. The petitioner and the other accused were remanded to judicial custody. 4. Bail Application was moved by the accused persons before the Sessions Court. As per the order dated 18th December, 2009, bail was granted to accused No.2. However, bail was not granted to the petitioner on the ground that he was involved in another case of similar nature. 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 BA No.34/2010 2 investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 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-V, Kozhikode, 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 investigating officer for interrogation as and when required; c) The petitioner shall surrender his passport, if any, before the court of the Judicial Magistrate of the First Class-V, Kozhikode within a period of one week. If the petitioner does not hold an Indian Passport, an affidavit to that effect shall be filed by the petitioner; 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