IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 Bail Appl..No. 6280 of 2009() ----------------------------- CRIME NO.391/2009 OF CHANDERA POLICE STATION, KASARAGOD .................... PETITIONER-1ST ACCUSED ------------------------------------------ IBRAHIM FASIL @ FASIL, SON OF ABOOBACKER, AGED 20 YEARS, BEERAMATA HOUSE, NEAR CO-OPERTIVE HOSPITAL, PADNE VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT(S): STATE -------------------- 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 06/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6280 of 2009 --------------------------------------------- Dated this the 6th day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.391 of 2009 of Chandera Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 451, 436 and 380 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 17.10.2009 at 2 A.M. The petitioner was arrested on 20.10.2009. The prosecution case is that the accused persons broke open the Kairali Samskarika Vedi Office and took away 45 chairs and set fire to the furniture and other articles. 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 BA No.6280/2009 2 petitioner. 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-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 for a period of two months and thereafter on every Monday, 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