IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 Bail Appl..No. 2890 of 2010() ----------------------------- CMP.2961/2010 of J.M.F.C. I,KASARAGOD CRIME NO.432/10 OF KASARAGODE POLICE STATION .................... (S): PETITIONER/ACCUSED NO.6 ------------------------------------------- T.H.NOUSHAD, S/O.KUNHAMU HAJI, AGED 35, TKN MANZIL, ALAMPADY ROAD, MUTTATHODY VILLAGE. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENT(S): STATE/COMPLAINANT -------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KASARGOD POLICE STATION, KASARGOD. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2890 of 2010 ---------------------------------------------- Dated 18th May, 2010. O R D E R This petition is for bail. 2. According to prosecution, petitioner (A6) along with the other accused formed into an unlawful assembly and committed various offences against the defacto complainant and his companion. They also kidnapped the defacto complainant to a Sandalwood factory. An iron rod was used for committing the offence. 3. Learned counsel for the petitioner submitted that petitioner was arrested on 29.4.2010 and he is in custody since then. It is submitted that when the second accused attempted to beat the defacto complainant with an iron rod, he obstructed and the hit did not fall on the head. No injury was caused to him. 4. Learned Public Prosecutor submitted that a counter case is also registered as Crime No.433/10, against the defacto complainant and others for the same offences. Taking into consideration the stage of investigation and the period of detention, he has no objection in granting bail on stringent BA NO.2890/10 2 conditions. 5. On hearing both sides, I am satisfied that bail can be granted to the petitioner on stringent conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned, on the following conditions : (i) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m., until further orders. (ii) Petitioner shall not influence or intimidate any witness. (iii) Petitioner shall not enter the limits of the Police Station, within which the crime is committed, except for compliance of condition No.(i). Petition is allowed. K.HEMA, JUDGE. tgs