IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 5831 of 2009() ------------------------------------ CRIME NO.242/2009 OF PANOOR POLICE STATION, KANNUR .................... PETITIONER/ACCUSED NO.1: ------------------------------------------- SARIGESH,S/O.RAGHAVAN, THAIVALAPPIL MANGADAN, ATTUPURAM, KANNUR. BY ADV. SRI.P.V.SURENDRANATH RESPONDENT/COMPLAINANT: ------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5831 of 2009 ------------------------------------ Dated this the 12th day of October, 2009 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.242/2009 of Panoor Police Station, Kannur. 2. The offence alleged against the petitioner is under Section 399 of the Indian Penal Code read with Section 25(1) of the Arms Act. 3. The prosecution case is that on 20/8/2009 at 1 A.M., the petitioner and the other accused persons were found in suspicious circumstances on the side of a road at Panoor. The petitioner was arrested on the spot. He was remanded to judicial custody. It is not reported that the petitioner is involved in any other offence. The petitioner is in judicial custody since 20/8/2009. 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 B.A. No. 5831/ 2009 2 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 Additional Chief Judicial Magistrate, 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 scm