IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 Bail Appl..No. 1199 of 2010() --------------------------------- CMP.513/2010 of J.M.F.C.-I, KANNUR CRIME NO. 123/2009 OF KANNUR TOWN POLICE STATION, KANNUR DISTRICT .................... PETITIONER-9TH ACCUSED : ------------------------------- K.SHAJITH, SON OF VINOD KUMAR, AGED 27 YEARS, MAROLI HOUSE, NEAR CHAITHANYA HOSPITAL, KANNUR. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT/STATE : ------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-18. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1199 of 2010 ------------------------------------ Dated this the 09th 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.9 in Crime No. 123/2009 of Kannur Town Police Station, Kannur District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 506(ii), 436 and 153-A read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 15.03.2009, during night, about 20 persons attacked the watchman of Tip Top furniture shop room at Kannur and set fire to the shop room and a tempo pick up van. 4. The petitioner was arrested in connection with Crime No. 140/2010 of Kannur Town Police Station on 29.01.2010 and his formal arrest was recorded in the present case on 03.02.2010. 5. It is submitted by the learned counsel for the petitioner that several other accused persons were granted bail. 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 B.A. No. 1199 of 2010 2 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 Class-I, 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, 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 ln