IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 2127 of 2010() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.1802/2010 Dated 26/03/2010 CRIME NO.219/2010 OF VALAPATTANAM POLICE STATION. .................... PETITIONER/ACCUSED: -------------------------------------- K.V.ASHARUDHEEN, AGED 21 YEARS, S/O.SOOPY, KUNHUM VALAPPIL HOUSE, P.O.KUTTIYATTOOR, ANAPEEDIKA, KANNUR DISTRICT. BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENT/ STATE: --------------------------------- THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, VALAPATTANAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2127 of 2010 ------------------------------------ Dated this the 8th day of April, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is one of the accused in Crime No.219 of 2010 of Valapattanam Police Station, Kannur District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 294(b), 341, 323, 324, 326 and 308 read with Section 149 of the Indian Penal Code. 3. The prosecution case is the following: The de facto complainant is a lawyer by profession. He is practicing at Kannur. He is a sympathizer of the Communist Party of India (Marxist). At about 6.45 PM on 27.2.2010, while he was travelling in a bus, about 20 persons intercepted the vehicle and attacked the de facto complainant with iron rods and sticks. He was pulled out of the vehicle and he was beaten by the accused. When the de facto complainant tried to escape by running, he was followed by the accused persons and he was manhandled. The motive alleged is that the de facto complainant and certain other persons were responsible for catching hold of some of the B.A. No. 2127 /2010 2 accused who were indulged in illegal transportation of sand. Those persons who were engaged in transportation of sand were arrested and the vehicle was seized. It is alleged that the assailants belong to NDF, a political party. It is also alleged that even at that time those persons had threatened to “deal” with the petitioner adequately for having informed the police about transportation of sand. 4. The petitioner was arrested on 28.2.2010 and he was remanded to judicial custody. 5. The petitioner filed B.A. No.1802 of 2010 under Section 439 of the Code of Criminal Procedure. That application was dismissed by the order dated 26/3/2010. The investigation has progressed thereafter. 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. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First B.A. No. 2127 /2010 3 Class, Kannur 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 two months and thereafter on Mondays, 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, if any, before the Judicial Magistrate of the First Class, Kannur within one week. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week. 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 scm