IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 Bail Appl..No. 5262 of 2009() ----------------------------------------- CRIME NO.210/2009 OF PANOOR POLICE STATION, KANNUR .................... PETITIONER/ACCUSED: -------------------------------------- FAZIYUDEEN LATHEEF,S/O.LATHEEF, AGED 35 YEARS,LAHAF HOUSE,AZHIYOOR, VATAKARA,KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT/ COMPLAINANT: ------------------------------------------------ STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, PANOOR POLICE STATION,KANNUR DISTRICT, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5262 of 2009 ------------------------------------ Dated this the 16th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.210/2009 of Panoor Police Station, Kannur. 2. The offences alleged against the petitioner are under Sections 294, 341, 343, 366, 376 and 506(i) of the Indian Penal Code. 3. The incident occurred on 19/6/2009. The allegation is that the petitioner kidnapped his sister in law and committed the offences. The petitioner surrendered before the court on 17/8/2009 and he was remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioner that wife of the petitioner had filed a case against him under Section 498 A of the Indian Penal Code and in the complaint itself it is stated that the petitioner was living with the victim in the present case. B.A. No. 5262 /2009 2 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. 6. 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 court of the Additional Chief Judicial Magistrate, Thalassery 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 B.A. No. 5262 /2009 3 mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T. SANKARAN, JUDGE scm