IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 Bail Appl..No. 7202 of 2009() ----------------------------- CRIME NO.37/2009 OF HOSDURG POLICE STATION, KASARAGOD .................... PETITIONER (S): 1ST ACUSED. ------------------------------- AFNAS @ AFNAS KADER, S/O.ABDUL KHADER HAJI, AGED 24 YEARS, SALIM MANZIL, MURIYANAYIL, KANHANGAD, KASARAGOD DISTRICT. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): RESPONDENT/COMPLAINANT. -------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7202 of 2009 --------------------------------------------- Dated this the 8th day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.37 of 2009 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 323, 324, 326 and 307 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 12.1.2009. The petitioner was arrested on 25.11.2009. It is submitted that accused Nos.2, 4, 5 and 6, who surrendered before court on 19.1.2009, were granted bail by this Court as per the order dated 9th February, 2009. 4. 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. BA No.7202/2009 2 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-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 every Monday and Thursday, 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 csl