IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Bail Appl..No. 5684 of 2009 CRIME NO.379 OF 2007 OF MANJESHWAR POLICE STATION PETITIONER: 2ND ACCUSED: ------------------------------- N.NASEER, AGED 27 YEARS, S/O.ABOOBACKER, BAURA MANZIL, PIRARA MOOLA, BANGRA, MANJESHWAR, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION, REP.BY THE PUBLIC PROSECTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5684 OF 2009 ------------------------------------------------------ Dated this the 6th 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 the second accused in Crime No.379 of 2007 of Manjeshwar Police Station. 2. The offences alleged against the accused persons 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 could be arrested only on 12.9.2009 and he is in judicial custody since then. 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. B.A. NO. 5684 OF 2009 :: 2 :: 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- 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 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 ahz/