IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 Bail Appl..No. 3149 of 2009() ----------------------------- CMP.484/2009 of C.J.M.,THALASSERY CRIME NO.115/2009 OF KOLAVALLUR POLICE STATION .................... PETITIONER/ACCUSED A 6 ------------------------------------------ P.SALIM,S/O.POKKAR,PUZHAKKAL HOUSE, KADAVATHUR. BY ADV. SRI.K.ANAND RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR,KOLAVALLUR POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------- B.A.No.3149 of 2009 ----------------------------- Dated this the 12th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused No.6 in Crime No.115 of 2009 of Kolavallur Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 326, 308 and 427 read with Section 149 of the Indian Penal Code. The petitioner was arrested on 11.5.2009 and he is in judicial custody. 3. The prosecution case is that the accused persons attacked the defacto complainant, who is a cleaner in a bus, due to political rivalry. The overt act alleged against the petitioner is that he and two other persons broke the glasses of the bus. 4. 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. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to BA No.3149/2009 2 the satisfaction of the Chief Judicial Magistrate Court, Thalassery, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, 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 csl