IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Bail Appl..No. 9959 of 2011() ----------------------------- CRIME NO.247/2011 OF BEKAL POLICE STATION, KASARAGOD PETITIONER : ACCUSED NO.5 ------------------------------ ANOOP K.V.AGED 26 YEARS, S/O.BALAN T, MEENGOTH HOUSE, MEENGOTH PULLUR VILLAGE, HOSDURG TALUK BY ADV. SRI.A.ARUNKUMAR RESPONDENT(S): --------------- 1. STATE-REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031 2. THE STATION HOUSE OFFICER, (CRIME NO.247/2011 OF BEKAL POLICE STATION) KASARAGOD DISTRICT 671 121) PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9959 of 2011 --------------------------- Dated this the 7th day of December, 2011 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.5 in Crime No.247 of 2011 of Bekal Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 506(ii), 324, 308 and 427 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 19.4.2011 at 7.30 P.M., the accused formed themselves into an unlawful assembly and attacked the de facto complainant with deadly weapons causing injuries to the de facto complainant. It is also alleged that a jeep belonging to the de facto complainant was damaged by the accused causing a loss of ` 30,000/- to him. BA 9959/11 2 4. The petitioner was arrested on 14.11.2011 and he was remanded to judicial custody. 5. The learned counsel for the petitioner submitted that accused Nos.1, 3 and 7 were granted bail as per the order dated 13.5.2011 in Bail Application No.3542 of 2011. 6. 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 with effect from 14.12.2011. The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, 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 and Thursdays for a period of one month and thereafter on all Mondays, till the final report is filed or until further orders; BA 9959/11 3 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 csl