IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 Bail Appl..No. 730 of 2010() ------------------------------------ CMP.678/2010 of J.M.F.C.-IV,KOZHIKODE CRIME NO.36/2010 OF NADAKKAVU POLICE STATION, KOZHIKODE. .................... PETITIONER/IST ACCUSED: ------------------------------------------ ABDUL RAHIMAN,AGED 43 YEARS, S/O.AHAMMADKUTTY MUSLIYAR,THACHINARI HOUSE, KUTTIKADAVU,NEAR SUBRAHMANYA TEMPLE,MAVOOR, KOZHIKODE. BY ADV. SRI.R.SUDHISH RESPONDENTS/STATE & DE FACTO COMPLAINANT: ------------------------------------------------------------------------------ 1. THE STATION HOUSE OFFICER,NADAKKAVU POLICE STATION,KOZHIKODE,THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. ANTONY.P.D,AGED 32 YEARS,S/O.DEVASSYA, PUTHENPURAYIL VEEDU,PERIYA VILLAGE,MANANTHAVADY, WAYANAD DISTRICT. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 730 of 2010 ------------------------------------ Dated this the 8th day of February, 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.2 in Crime No. 36/2010 of Nadakkavu Police Station, Kozhikode. 2. The offences alleged against the petitioner are under Sections 341, 323, 324, 294(b) and 308 read with Section 34 of the Indian Penal Code. 3. The petitioner was arrested on 1/02/2010 and he was remanded to judicial custody. Bail Application submitted by the petitioner was dismissed by the Judicial Magistrate of the First Class-IV, Kozhikode by the order dated 2/2/2010. In the order dated 2/2/2010 passed by the learned Magistrate, it was noticed that the de facto complainant was also present in court and it was reported before court that the parties have amicably settled the disputes. However, the Bail Application was dismissed on the ground that the offence under Section 308 of the Indian Penal Code is a non-compoundable offence. 4. Taking into account the facts and circumstances of the B.A. No. 730 / 2010 2 case, the nature and gravity of the offence and the fact that it was reported before the learned Magistrate by the de facto complainant that the disputes between him and the accused were settled, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rs.15,000/-with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-IV,Kozhikode subject to the following conditions:- A) The petitioner shall appear before the Investigating Officer for interrogation as and when required. B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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 scm