IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Bail Appl..No. 8419 of 2011 CRIME NO.108 OF 2011 OF NADAPURAM POLICE STATION, KOZHIKODE. PETITIONER/3RD ACCUSED ------------------------------------------ BINU, S/O.POKKAN, MOTTOL HOUSE, VARIKKOLI, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT AND STATE ------------------------------------ 1. SUB INSPECTOR OF POLICE, NADAPURAM POLICE STATION, KOZHIKODE-673504. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682031. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8419 OF 2011 ------------------------------------------------------ Dated this the 19th day of October, 2011 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.3 in Crime No.108 of 2011 of Nadapuram Police Station, Kozhikode District. 2. The offences alleged against the accused are under Sections 143, 147 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 25.2.2011, the accused persons hurled bombs against the house of the de facto complainant and committed acts of mischief. The de facto complainant sustained injuries. The petitioner was arrested in connection with another crime and his formal arrest was recorded in the present case on 22.9.2011. BAIL APPL. NO.8419 OF 2011 :: 2 :: 4. The learned Public Prosecutor submitted that the petitioner is involved in other cases as well. The investigation is not over. It is also submitted that communal tension occurs in the area off and on. 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, however, only with effect from 7.11.2011. 6. The petitioner shall be released on bail only on 7.11.2011 on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Nadapuram, 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 two months and thereafter, 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; BAIL APPL. NO.8419 OF 2011 :: 3 :: 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/