IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Bail Appl..No. 8091 of 2011() ----------------------------- CP.40/2007 of ADDL.C.J.M., ERNAKULAM CRIME NO.98 OF 2007 OF PANANGAD POLICE STATION .................... PETITIONER/ACCUSED NO.5: -------------------------------------------- NAZEER @ BHASI NAZEER, AGED 37, S/O.SHAMSUDDIN, THATTAKKASTTU VEEDU, THAIKAVU, NETTOOR DESOM, MARADU VILLAGE, ERNAKULAM. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.SUJESH MENON V.B. SRI.SHYAM ARAVIND SRI.T.ANIL KUMAR SRI.MANU TOM RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REP.BY THE ASST.PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8091 OF 2011 --------------------------------- Dated this the 24th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The Petitioner is accused No.5 in Crime No.98 of 2007 of Panangad Police Station. 2. The offences alleged against the petitioner are under Sections 143, 144, 148, 341, 324, 326 and 307 read with 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The date of occurrence was on 17.2.2007. The petitioner was arrested on 30.3.2009 in another case and his formal arrest was recorded subsequently. It is stated that the committal proceedings are over. The learned State Prosecutor submitted that the petitioner is involved in several cases and he is a history sheeted criminal. The learned Senior counsel B.A.No. 8091 OF 2011 2 appearing for the petitioner submitted that in all other cases he was released on bail, and in many of the cases he was acquitted. 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 that the charge was laid, I am of the view that bail can be granted to the petitioner. 5. The petitioners shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like amount to the satisfaction of the Court having jurisdiction, subject to the following conditions: A) The petitioner shall appear before the officer who laid the charge on all Mondays, till the trial of the case is over or until further orders. B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. B.A.No. 8091 OF 2011 3 D) 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. cms