IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 Bail Appl..No. 6961 of 2009 CRIME NO.787 OF 2009 OF KASARAGOD POLICE STATION PETITIONER: ACCUSED: ------------------------------- B.K.MUNEER, S/O.ABDUL KHADER KANIYAMKUNDU, BENDICHAL, THEKKIL VILLAGE KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA THROUGH THE STATION HOUSE OFFICER KASARAGOD REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6961 OF 2009 ------------------------------------------------------ Dated this the 30th day of November, 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.787 of 2009 of Kasaragod Police Station. 2. The offences alleged against the petitioner are under Sections 323, 341, 392, 447 and 427 of the Indian Penal Code. 3. The incident took place on 2.11.2009 and 3.11.2009. The petitioner was arrested on 4.11.2009 and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. It is submitted by the learned Public Prosecutor that, after completing the investigation, charge was laid in the case on 22.11.2009. B.A. NO. 6961 OF 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 fact that charge was laid in the case, 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.15,000/- with two solvent sureties for the like amount to the satisfaction of the Chief Judicial Magistrate, Kasaragod, subject to the following conditions: a) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; b) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; c) 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/