IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 Bail Appl..No. 7001 of 2009() -------------------------------------- CRIME NO.567/2009 OF KILIKOLLOOR POLICE STATION, KOLLAM. PETITIONER/ACCUSED: -------------------------------------- SHAFI, AGED 21 YEARS,S/O.SUJAVUDHEEN, PUTHENVEETTIL HOUSE, VAYALIL, CHAMBAKULAM, KAVERI NAGAR 95,KILIKOLLOOR CHERRY, KILIKOLLOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.M.L.SURESH KUMAR RESPONDENT/STATE: ---------------------------- STATE OF KERALA REPRESETNED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7001 of 2009 ------------------------------------ Dated this the 26th day of November, 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.6 in Crime No.567/2009 of Kilikolloor Police Station, Kollam. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 294(b), 452, 427 and 308 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The petitioner had filed B.A. No.6753/2009. That application was dismissed by the order dated 18/11/2009. 4. The learned counsel for the petitioner submitted that after the incident in the present case, the de facto complainant's son and several others had forcibly entered into the house of the petitioner and committed mischief. Five criminal cases were registered against them. It is stated that they caused mischief in the house of the petitioner and four other accused persons involved in the present case. The counsel submits that in all those cases, bail was granted to the accused therein, including the de facto complainant in the present case. 5. Taking into account the facts and circumstances of the B.A. No. 7001 /2009 2 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-I, Kollam 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. K.T. SANKARAN, JUDGE scm