IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 Bail Appl..No. 5194 of 2009() ----------------------------- CRIME NO.378/2007 OF MANJESHWAR POLICE STATION, KASARAGOD .................... PETITIONER:ACCUSED ------------------------------- MOHAMMED ARIF @ APPU S/O.YOUSUF, THAHIR MANZIL, HIDAYATH NAGAR, UPPALA, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5194 of 2009 --------------------------------------------- Dated this the 14th day of September, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.378 of 2007 of Manjeshwar Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 427 and 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 24.11.2007. The petitioner was arrested on 17.7.2009. The learned Public Prosecutor submitted that the petitioner was absconding and he could be arrested only after about 1½ years of the date of the incident. It is also submitted that the petitioner is involved in five other cases including the present case. Charge was laid in the case on 11.7.2008. 4. The learned counsel for the petitioner submitted that if the petitioner is released on bail, he undertakes not to commit any offence or involve in any prejudicial activity. BA No.5194/2009 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 fact that the charge was laid in the case, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod, subject to the following conditions: a) The petitioner shall report before the Station House Officer, Manjeshwar on every Monday between 9 A.M. and 1 P.M., until further orders; 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 csl