IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 Bail Appl..No. 1537 of 2010() ----------------------------- CRIME NO.348 OF 2009 OF MANJESHWAR POLICE STATION .................... PETITIONER (S):ACCUSED ------------------------------------ ABDUL RAUF @ RAUF, AGED 30 YEARS S/O.HASSAN MUHAMMED, MUSTHAFA MANZIL NEAR VIJAYA BANK, UPPALA KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT & STATE -------------------------------------------------- 1. STATE – REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 2. THE STATION HOUSE OFFICER, (CRIME NO.348 OF 2009 OF MANJESHWAR POLICE STATION) PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1537 of 2010 --------------------------------------------- Dated this the 17th day of March, 2010 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.1 in Crime No.348 of 2009 of Manjeshwar Police Station. 2. The offences alleged against the petitioner are under Sections 324 and 308 read with Section 34 of the Indian Penal Code and Section 3(2)(e) of the PDPP Act. 3. The prosecution case is that on 17.12.2009, at 8.15 P.M., the petitioner and some identifiable persons pelted stones on a KSRTC bus. A passenger was injured. The KSRTC sustained a loss of Rs.22,000/- due to the damage caused to the bus. The petitioner was arrested on 7.1.2010 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that after completing the investigation, charge was laid in the case on 29.1.2010. 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 the charge BA No. 1537/2010 2 was laid in the case, I am of the view that bail can be granted to the 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 Chief Judicial Magistrate, Kasaragod, subject to the following conditions: a) The petitioner shall report before the Station House Officer, Manjeshwar Police Station between 9 A.M. and 11 A.M. on all Mondays until further orders; b) The petitioner shall surrender his passport before the Chief Judicial Magistrate, Kasaragod within a period of one week from today. If the petitioner does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed within one week before the learned Magistrate ; 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 csl