IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 Bail Appl..No. 819 of 2010 CRIME NO.258 OF 2009 OF TALIPARAMBA POLICE STATION, KANNUR PETITIONER/ACCUSED NO,5 ------------------------------------------- S.SHAMEEM @ MANNANKATTA SHAMEEM, S/O.ABDULLA AGED 25 YEARS, SAIDARAKATH HOUSE, TALIPARAMBA PO, TALIPARAMBA AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENT: COMPLAINANT -------------------------- STATE, THROUGH THE STATION HOUSE OFFICER, TALIPARAMBA PO, TALIPARAMBA AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 819 OF 2010 ------------------------------------------------------ Dated this the 16th day of February, 2010 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.258 of 2009 of Taliparamba Police Station, Kannur District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 324, 308 and 427 read with Section 149 of the Indian Penal Code. 3. The prosecution case is the following: In a motor accident, a child was run over by a private bus and the child was killed in the accident. The de facto complainant is a reporter of Kerala Kaumudi. He went to the spot of incident. At that time, he found that a mob was engaged in destroying the bus. The de facto complainant tried to take photograph of the illegal activities. At that time, the mob turned against the de facto complainant and his friend, attacked them, caused injuries to them and also destroyed the camera belonging to the de facto complainant. B.A. NO. 819 OF 2010 :: 2 :: 4. The petitioner was arrested on 12.1.2010 and he was remanded to judicial custody. 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 investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. 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, Taliparamba, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Wednesdays, 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 before the Judicial Magistrate of the First Class, Taliparamba within a period of one week. If the petitioner does not hold an Indian Passport, an affidavit, sworn to by him, shall be filed before the learned Magistrate within one week; B.A. NO. 819 OF 2010 :: 3 :: 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 ahz/