IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 Bail Appl..No. 6138 of 2009() ---------------------------------------- CRIME NO.252/2005 OF NILESHWER POLICE STATION, KASARAGOD PETITIONER/ACCUSED: ----------------------------------- MUHAMMAD, S/O.MOIDEEN, ANJILLATH HOUSE, KOTTAPPURAM, NILESWAR, KASARAGOD DISTRICT. BY ADV. SMT.P.K.PRIYA RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.H.O, NILESHWARAM POLICE STATION, KASARAGOD DISTRICT. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6138 of 2009 ------------------------------------ Dated this the 23rd 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.252/2005 of Nileshwer Police Station. It is now pending as C.P.No.96/2009 on the file of the Judicial Magistrate of the First Class- II, Hosdurg. 2. The offences alleged against the petitioner are under Section 143,147, 148, 332 and 308 read with Section 149 of the Indian Penal Code. 3. At the time of committal of the case, the petitioner and the 3rd accused were not available as they were absconding. The case against the petitioner was split up and it was numbered as L.P. No.39/2008. It is stated that case against the accused persons, except accused Nos.1 and 3, was committed to the Sessions Court. Subsequently, it is stated, the Sessions Case was withdrawn with the permission of the court. 4. The petitioner states that without knowing that Sessions Case was withdrawn, the petitioner surrendered before the learned Magistrate on 15/10/2009. Application for bail moved B.A. No. 6138 /2009 2 by the petitioner was dismissed by the learned Magistrate and the petitioner was remanded to judicial custody. 5. Taking into account the facts and circumstances of the case mentioned above, 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 each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Hosdurg subject to the following conditions:- A) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. C) 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