IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 Bail Appl..No. 8625 of 2011() ----------------------------- CMP.5787/2011 of J.M.F.C.,VADAKARA CRIME NO.1013 OF 2011 OF VADAKARA POLICE STATION, KOZHIKODE DT. .................... PETITIONER ------------------------------ SUBEESH, S/O.BABU, AGED 25 YEARS, ARANKOTTUMALAYIL HOUSE, KURUMPAYIL, NADAKKUTHAZHA AMSOM, VADAKARA,KOZHIKODE DISTRICT. BY ADV. SRI.KRISHNADAS P. NAIR SMT.K.L.SREEKALA RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A.No.8625 of 2011 ------------------------------- Dated this the 25th 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.1 in Crime No.1013 of 2011 of Vadakara Police Station, Kozhikode District. 2.The offences alleged against the accused are under Sections 143, 147, 148, 447 and 427 read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. 3. The prosecution case is that on 18.9.2011 at about 8.45 P.M, the accused persons trespassed into the residential compound of the de facto complainant and hurled a country bomb into the autorickshaw parked in the shed. The bomb blasted and the autorickshaw was destroyed. The investigation revealed that the petitioner and others are B.A.No. 8625 OF 2011 2 involved in the offence. The petitioner was arrested on 19.9.2011 and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 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 with effect from 3.11.2011. 6.The petitioner shall be released on bail on 3.11.2011 on his executing bond for `25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Vadakara, 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 one month and thereafter on Mondays, till the final report is filed or until further orders. B.A.No. 8625 OF 2011 3 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. 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 cms