IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 Bail Appl..No. 3519 of 2009() ----------------------------------------- CMP.1384/2009 of J.M.F.C.,KASARAGOD CRIME NO.377/2009 OF KASARAGOD POLICE STATION. .................... PETITIONER/1ST ACCUSED: -------------------------------------------- MOHANA NAYAK, S/O.BALAKRISHNA NAYAK, ALANDADKA ADHUR, KASARAGOD DISTRICT. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT/STATE: ------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3519 of 2009 ------------------------------------ Dated this the 7th day of July, 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 1st accused in Crime No. 377/2009 of Kasaragod Police Station. 2. The offences alleged against the petitioner are under Sections 447, 324 and 307 read with Section 34 of the Indian Penal Code. 3. The incident allegedly occurred on 28/05/2009. The petitioner was arrested on 19/06/2009 and he is in judicial custody. The Public Prosecutor submitted that the investigation is at the final stage. 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. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like B.A. No.3519 /2009 Page numbers 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 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 scm