IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 Bail Appl..No. 6668 of 2009() ----------------------------- CRIME NO.14/09 OF VELLARIKUNDU POLICE STATION C.P.NO.74/09 OF JFCM-II, HOSDURG .................... PETITIONER/ACCUSED: --------------------------------------- SATHEESH M.G., S/O.MONY, MUKELEL HOUSE, BALAL P.O., VELLARIKUNDU, KASARGODE DISTRICT. BY ADV. SRI.C.A.JOSEPH SRI.K.K.MOIDEEN RESPONDENT(S): COMPLAINANT: --------------------------- 1. THE SUB INSPECTOR OF POLICE, VELLARIKUNDU POLICE STATION, KASARGODE DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6668 of 2009 --------------------------------------------- Dated this the 16th day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner was accused No.6 in Crime No.14 of 2009 of Vellarikundu Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 332 and 308 read with Section 149 of the Indian Penal Code. 3. In the crime stage, the petitioner was not arrested. After completing the investigation, charge was laid on 30.4.2009. In the committal proceedings, the petitioner did not appear and the case against him was split up. Non bailable warrant was issued against him. The case now pending against him is C.P.No.74 of 2009 on the file of the court of the Judicial Magistrate of the First Class-II, Hosdurg. The petitioner surrendered before court on 30.10.2009 and he was remanded to judicial custody. 4. The petitioner moved for bail before the learned Magistrate. That application was dismissed by the order dated BA No.6668/2009 2 30th October 2009. 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 fact that charge was laid in the case, I am of the view that bail can be granted to the petitioner. 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-II, Hosdurg, subject to the following conditions: a) The petitioner shall report before the Station House Officer, Vellarikundu Pollice Station between 9 A.M. and 11 A.M. on alternate Mondays, until further orders; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; 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 csl