IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 Bail Appl..No. 1158 of 2010 CRIME NO.89 OF 2010 OF PAYYANNUR POLICE STATION, KANNUR PETITIONER/ACCUSED NO.11 -------------------------------------------- K.ASLAM, S/O. MOIDEEN(LATE), KANNOKKARATHIL HOUSE, KUNHIMANGALAM AMSOM, ANGADI, KUNHIMANGALAM, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENTS: COMPLAINANT -------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PAYYANNUR POLICE STATION. (CRIME NO.89 OF 2010), PAYYANNUR, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1158 OF 2010 ------------------------------------------------------ Dated this the 22nd 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.14 in Crime No.89 of 2010 of Payyannur Police Station, Kannur District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 323, 324 and 308 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 2.2.2010, the accused persons attacked the de facto complainant and others on account of the rivalry due to a quarrel which arose in connection with the conduct of a football tournament. It is alleged that accused Nos.1 and 2 attacked the de facto complainant and three others with iron rods. The de facto complainant sustained multiple lacerated injuries on his head. 4. The petitioner was arrested on 15.2.2010 and he was remanded to judicial custody. B.A. NO. 1158 OF 2010 :: 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 present stage of investigation, 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 Judicial Magistrate of the First Class, Payyannur, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Sunday, 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 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 ahz/