IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 Bail Appl..No. 842 of 2010 CRIME NO.807 OF 2009 OF TALIPARAMBA POLICE STATION, KANNUR PETITIONER/ACCUSED NO.2: -------------------------------------- S.SHAMEEM @ MANNANKATTA SHAMEEM, S/O.ABDULLA, AGED 25 YEARS, SAIDARAKATH HOUSE, TALIPARAMBA P.O., TALIPARAMBA AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT: COMPLAINANT -------------------------- STATE, THROUGH THE STATION HOUSE OFFICER TALIPARAMBA POLICE STATION, KANNUR DISTRICT (CRIME NO.807/09 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT), REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 842 OF 2010 ------------------------------------------------------ Dated this the 16th day of February, 2010 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.2 in Crime No.807 of 2009 of Taliparamba Police Station, Kannur District. 2. The offences alleged against the petitioner are under Sections 341, 308 and 435 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 19.12.2009 at 3.15 hours, the accused persons, three in number, intercepted the autorickshaw driven by the de facto complainant and the accused persons set fire to the autorickshaw. It is also alleged that the de facto complainant was assaulted by the accused persons with an iron rod. 4. The learned counsel for the petitioner submitted that the de facto complainant has not sustained serious injuries and that the B.A. NO. 842 OF 2010 :: 2 :: case was foisted against the accused on account of political rivalry. The petitioner was arrested on 13.1.2010 and he was remanded to judicial custody. 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 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.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Taliparamba 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; B.A. NO. 842 OF 2010 :: 3 :: 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/