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. 2721 of 2009() ------------------------------------ CP.25/2009 of J.M.F.C.,KASARAGOD CRIME NO.36/2007 OF MANJESHWAR POLICE STATION .................... PETITIONER/4TH ACCUSED : ---------------------------------- SHAIK MUHAMMED AJARUDDIN, AGED 23 YEARS, S/O. SHAIK ABDUL SAMAD, RESIDING AT ZAMEER MANZIL, HIDAYATH NAGAR, UPPALA, KASARGOD TALUK AND DIST. BY ADV. SRI.SOJAN MICHEAL RESPONDENT/COMPLIAINANT : ------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2721 of 2009 ------------------------------------ Dated this the 22nd day of May, 2009 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. 36/2007 of Manjeshwar Police Station. 2. The offences alleged against the petitioner are under Sections 341, 448, 427 and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the incident occurred on 23/01/2007. There are five accused persons. The petitioner was absconding. All other accused were arrested on 9/02/2009. It is submitted by the learned Public Prosecutor that final report was filed and the petitioner is continuing in the judicial custody from 9/2/2009 onwards. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner and the nature of the offence, I am of the view that bail can be granted to the petitioner. B.A. No. 2721/ 2009 2 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each 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. C) The petitioner shall not leave the limits of Manjeshwar Police Station without getting prior permission from court. The Bail Application is allowed as above K.T. SANKARAN, JUDGE scm