IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 27TH AUGUST 2010 / 5TH BHADRA 1932 Bail Appl..No. 4932 of 2010() ----------------------------------------- (CRIME NO.304/2008 OF THE KASARAGOD POLICE STATION) PETITIONER/ACCUSED: -------------------------------------- SAFFUVAN, AGED 21 YEARS, S/O.MUHAMMED KUNHI, CHOORI, KASARAGOD P.O., KUDLU. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION. 2. THE CIRCLE INSPECTOR OF POLICE, KASARAGOD POLICE STATION. (RESPONDENTS 1 AND 2 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). R1 & R2 BY PUBLIC PROSECUTOR SRI. C.S. HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J. ------------------------------------- BA No.4932 of 2010-B ------------------------------------- Dated 27th August 2010 Order This is a petition filed under S.439 of the Criminal Procedure Code, seeking bail. 2. The petitioner is one of the accused in Crime No.304/08 of Kasaragod Police Station, for having committed the offences punishable under Ss.143, 147, 148, 302 r/w S.149 and 153(A) IPC. The incident is said to have been occurred on 17.04.2008. The Prosecution allegation is that the petitioner along with other accused formed an unlawful assembly armed with deadly weapons and assaulted the deceased. 3. The petitioner submits that he is totally innocent and that he has been falsely implicated in the case. He points out that accused Nos.1 to 6 have already been released on bail by the order of this Court. The petitioner has been in judicial custody since 18.07.2010. BA No.4932/10 2 According to him, his continued custody is unnecessary. 4. The learned Public Prosecutor opposed the application. 5. The petitioner has produced copies of the orders by which the other accused have been released on bail. There is no reason as to why, the petitioner may not be released on bail. In the result, this application is allowed as follows : 1. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties for the like amount, each to the satisfaction of the JFCM, Kasaragod. 2. The petitioner shall report before the Superintendent of Police, Kasaragod or any other person authorised by him on his behalf on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. 3. The petitioner shall not enter the police station limits within which the crime is registered except for compliance of the direction in clause (2) above. BA No.4932/10 3 4. The petitioner shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. 5. The petitioner shall surrender his passport before the JFCM, Kasaragod and if he does not possess one, he shall file an affidavit to that effect. P.BHAVADASAN, JUDGE sta BA No.4932/10 4