IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 Bail Appl..No. 3755 of 2009 CRIME NO.180 OF 2009 OF KODAKARA POLICE STATION CMP.5611/2009 of J.M.F.C.,IRINJALAKUDA PETITIONER/ACCUSED -------------------------------------- SHABEEQUE @ BAVA, AGED 26 YEARS, S/O.TIRUNEL VELIKKARAN SHAHUL HAMEED, ALOOR DESOM, ALOOR VILLAGE, THRISSUR. BY ADV. SRI.RAJESH CHAKYAT RESPONDENTS: COMPLAINANT -------------------------- 1. THE SUB INSPECTOR OF POLICE, KODAKARA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE MEDICAL OFFICER, VIYOOR CENTER JAIL, THRISSUR. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3755 OF 2009 ------------------------------------------------------ Dated this the 10th July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.180 of 2009 of Kodakara Police Station. 2. The offences alleged against the petitioner are under Sections 341 and 323 of the Indian Penal Code and Section 3(2)(e) of the PDPP Act. 3. The petitioner was arrested on 17.6.2009 and he is in judicial custody. 4. The application is opposed by the learned Public Prosecutor. It is submitted by the learned Public Prosecutor that the petitioner is involved in thirteen other cases. The learned Magistrate dismissed the application for bail, by the order dated 18.6.2009. 5. In the present case, charge was laid by the investigating officer on 22.6.2009, after the learned Magistrate passed the order dated 18.6.2009. B.A. NO. 3755 OF 2009 :: 2 :: 6. Learned counsel for the petitioner submitted that notwithstanding the fact that charge was laid, the petitioner is prepared to appear before the Sub Inspector of Police, Kodakara on such dates as the Court may fix as a condition for granting bail. 7. 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 fact that charge was laid, I am of the view that bail can be granted to the petitioner on stringent conditions. 8. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Irinjalakuda, subject to the following conditions: a) The petitioner shall report before the Sub Inspector of Police, Kodakara between 9 A.M. and 11 A.M. on all Mondays, until further orders; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; B.A. NO. 3755 OF 2009 :: 3 :: d) 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/