IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 Bail Appl..No. 4837 of 2009 CRIME NO.83 OF 2009 OF BADIADKA POLICE STATION CMP.1284/2009 of J.M.F.C.,KASARAGOD PETITIONER/ACCUSED -------------------------------------- SHEREEF @ MUHAMMED SHEREEF, AGE 28/09, S/O.YOOUSUF, THAHIRA MANZIL, HYDAYATH NAGAR, UPPALA, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT: COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, BADIADKA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4837 OF 2009 ------------------------------------------------------ Dated this the 7th 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 first accused in Crime No.83 of 2009 of the Badiadka Police Station. 2. The offences alleged against the petitioner are under Sections 143,147, 148, 326 and 307 read with Section 149 of the Indian Penal Code. 3. The incident occurred on 27.4.2009. The petitioner was arrested on 16.6.2009. B.A.No.4337 of 2009 filed by the petitioner was dismissed on 13.8.2009. The investigation has progressed thereafter. 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 the present stage of investigation, I am of the view that bail can be granted to the petitioner. B.A. NO. 4837 OF 2009 :: 2 :: 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- 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, 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 ahz/