IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Bail Appl..No. 7823 of 2009() ----------------------------- CRIME NO.842/2009 OF KASARAGOD POLICE STATION PETITIONER/ACCUSED -------------------------------------- SANTHOSHKUMAR @ SANTHU, AGED 27 YEARS, S/O.RAMANANDA GUDDE, TEMPLE ROAD, ADUKATHBAYAL, KUDLU GRAMAM, KASARCODE. BY ADV. SRI.SHAIJAN C.GEORGE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7823 of 2009 --------------------------------------------- Dated this the 6th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.842 of 2009 of Kasaragod Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 427 and 153(A) read with Section 149 of the Indian Penal Code. 3. The incident occurred on 15.11.2009. The petitioner was arrested on 24.11.2009. 4. A series of incidents occurred on 15.11.2009 and on the succeeding day as a result of a clash between two groups of people. The allegation in the present case is that the accused persons pelted stones against a mosque and destroyed window panes of the mosque. 5. The learned counsel for the petitioner submitted that the remaining accused in the case were granted bail by the learned Sessions Judge. 6. The learned Public Prosecutor submitted that accused Nos.1 to 3 were granted bail. Subsequently, the investigating officer has filed an application for cancellation of bail granted to BA No.7823/2009 2 accused Nos.1 to 3 and the application was posted to 4th January 2010. The application was adjourned to 6th January, 2010. 7. 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. 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 Chief Judicial Magistrate, 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 Thursdays, 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 csl