IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 Bail Appl..No. 8954 of 2011() ----------------------------- CRIME NO.616/2011 OF BEKAL POLICE STATION, KASARAGOD PETITIONER : ACCUSED NO.4 ----------------------------------- MUHAMMED SHEBEER P.M, AGED 24 YEARS, S/O.MUHAMMED MASTHAL, AMBIKA NAGER, UDUMA, UDUMA P.O.,UDUMA PADINHARU, KASARAGOD DIST BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT & STATE ------------------------------------------- 1. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. THE STATION HOUSE OFFICER, (CRIME NO.616/2011 OF BEKAL POLICE STATION) KASARAGOD DISTRICT) PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8954 of 2011 --------------------------- Dated this the 15th day of November, 2011 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.4 in Crime No.616 of 2011 of Bekal Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 324, 326 and 308 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 4.10.2011, the accused persons attacked the de facto complainant and others who sustained serious injuries. The accused attacked the de facto complainant and others with dangerous weapons. One of the victims had to undergo a surgery. 4. The petitioner was arrested on 17.10.2011 and he BA 8954/11 2 was remanded to judicial custody. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. 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 with effect from 30.11.2011. The petitioner shall be released on bail on his executing bond for ` 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 investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter on 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; BA 8954/11 3 C) The petitioner shall surrender his passport before the Judicial Magistrate of the First Class-II, Hosdurg. If the petitioner does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate ; D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; F) 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