IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 Bail Appl..No. 2723 of 2009 CP.24/2009 of J.M.F.C.,KASARAGOD CRIME NO.32/2007 OF MANJESHWAR POLICE STATION PETITIONER: 2ND ACCUSED: -------------------------------- SHAIK MUHAMMED AJARUDDIN, AGED 23 YEARS, S/O.SHAIK ABDUL SAMAD, RESIDING AT ZAMEER MANZIL, HIDAYATH NAGAR, UPPALA, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.SOJAN MICHEAL RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2723 OF 2009 ------------------------------------------------------ Dated this the 22nd May, 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 C.P.No.24 of 2009 on the file of the Court of the Judicial Magistrate of the First Class, Kasaragod, in Crime No.32 of 2007 of the Manjeshwar Police Station. 2. The offence alleged against the petitioner are under Sections 341, 323, 324 and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 21.1.2007, the accused persons, who are I.U.M.L. workers, wrongfully restrained the de facto complainant, who is a C.P.I.(M) worker, accused Nos.1 and 2 had beaten the de facto complainant and the first accused stabbed him with a knife and hit him with a stone. The petitioner was absconding. He was arrested on 9.2.2009 and was remanded to judicial custody. It is pointed out that the first accused was granted bail by this Court, as per the order dated 19.2.2007 in B.A.No.901 of 2007, and the B.A. NO. 2723 OF 2009 :: 2 :: third accused was granted bail by the order dated 7.2.2007 in B.A.No.717 of 2007. Learned Public Prosecutor submits that the petitioner is involved in six other cases. 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 on stringent conditions. 5. The petitioner shall be released on bail on his executing bond for Rs.One lakh with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kasaragod, 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; B.A. NO. 2723 OF 2009 :: 3 :: c) The petitioner shall not leave the jurisdiction of the Manjeshwar Police Station without prior intimation to the Sub Inspector of Police, Manjeshwar; d) 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/