IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Bail Appl..No. 3826 of 2009 CRIME NO.320 OF 2008 OF THE MANJESHWAR POLICE STATION CMP.1666/2009 of J.M.F.C.,KASARAGOD PETITIONER/ACCUSED -------------------------------------- KASAI SHEREEF @ MUHAMMED SHEREEF, AGE 28/09, S/O.YOOUSUF, THAHIRA MANZIL, HYDAYATH NAGAR, UPPALA, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT: COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3826 OF 2009 ------------------------------------------------------ Dated this the 31st July, 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.2 in Crime No.320 of 2008 of the Manjeshwar Police Station. 2. The offences alleged against the petitioner and the other accused are under Sections 143, 147, 148, 323, 324, 452, 506(II), 427 and 308 read with Section 149 of the Indian Penal Code. 3. The formal arrest of the petitioner was recorded on 30.6.2009. He is in judicial custody since then. It is submitted that investigation of the case has reached the final stage. 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. 3826 OF 2009 :: 2 :: 5. 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 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. The petitioner shall be released from judicial custody if his detention is not required in any other case. (K.T.SANKARAN) Judge ahz/