IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 Bail Appl..No. 6247 of 2009() ----------------------------- CRIME NO.742/2009 OF VATAKARA POLICE STATION, KOZHIKODE .................... PETITIONER (S): 9TH ACCUSED ------------------------------- RIYAS, S/O.MOIDU, AGED 23 YEARS PUTHUKKUDY HOUSE, KOTTAPPALLY AMSOM THODANNUR DESOM, VATAKARA, KOZHIKODE DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.T.K.BIJU RESPONDENT(S): --------------- 1. STATE OF KERALA REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM,KOCHI-31 2. THE SUB INSPECTOR OF POLICE VATAKARA POLICE STATION, VATAKARA PO KOZHIKODE DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6247 of 2009 --------------------------------------------- Dated this the 6th day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.9 in Crime No.742 of 2009 of Vatakara Police Station, Kozhikode District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 324 and 307 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 7.10.2009. The petitioner was arrested on 19.10.2009 and he was remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioner that bail was granted to accused No.6 on 27th October 2009. 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 BA No.6247 /2009 2 petitioner. 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, Vatakara, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Sundays, 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 enter into the jurisdiction limits of the Circle Inspector of Police, Vatakara for a period of two months except for complying with conditions (a) and (b). d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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 csl