IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 Bail Appl..No. 1256 of 2010() ----------------------------- CRIME NO.821/2009 OF KASARAGOD POLICE STATION .................... PETITIONER : ACCUSED NO.16 ------------------------------ MOHAMMED RASHID ,S/O.K.K.ABDUL RAHIMAN AGED 26/10, ALTHAF QUARTERS ATHINHAL, THEKKEPPURAM (A16) BY ADV. SRI.MURUGAN P.V. SRI.ZUBAIR PULIKKOOL RESPONDENT(S): COMPLAINANT -------------------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE KASARAGOD THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1256 of 2010 --------------------------------------------- Dated this the 2nd day of March, 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.16 in Crime No.821 of 2009 of Kasaragod Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 342, 353, 332 and 395 read with Section 149 of the Indian Penal Code and Section 3(1) of the PDPP Act. 3. The petitioner was arrested in connection with Crime No.816 of 2009 of Kasaragod Police Station on 19.12.2009 and his formal arrest was recorded in the present case on 4.2.2010. 4. As per the order dated 10.2.2010 in Bail Application Nos.216 of 2010 and 431 of 2010, bail was granted to accused Nos.9, 11, 12 and 13. Subsequently, bail was granted to some other accused persons also. 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 BA No.1256/2010 2 investigation, I am of the view that bail can be granted to the petitioner. 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, Kasaragod, 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, 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 enter into the limits of Kasaragod Police Station for a period of three months except for complying with conditions (a) and (b); d) The petitioner shall surrender his passport before the court of the Judicial Magistrate of the First Class-I, Kasaragod within a period of one week from today. If the petitioner does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed within one week before the learned Magistrate ; e) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; BA No.1256/2010 3 g) 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