IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 Bail Appl..No. 5106 of 2009() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.4258/2009 Dated 03/08/2009 .................... (CRIME NO.123/2009 OF KANNUR TOWN POLICE STATION) PETITIONER:ACCUSED: --------------------------------------- HAREESH.P., S/O.FALGUNAN, AGED 26 YEARS, RADHIKA QUARTERS, NEAR DINESH BEEDI COMPANY, CHALAD, KANNUR. BY ADV. MR.P.M.PAREETH RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY SHO KANNUR TOWN POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 5106 of 2009 ------------------------------------ Dated this the 10th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is one of the accused in Crime No. 123/2009 of Kannur Town Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341 and 153 A and 436 read with Section 149 of the Indian Penal Code. 3. The date of incident was on 15.03.2009. The petitioner was arrested on 04.08.2009. Accused No.3 was granted bail as per the order dated 24.06.2009 in Bail Application No. 3368/2009. 4. It is submitted that many other accused were released on bail as per the order passed by the Magistrate,s Court. 5. Accused Nos. 7 and 10 filed Bail Application No. 4258/2009 which was allowed by me as per the order dated 03.08.2009. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 5106 of 2009 2 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. 7. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kannur 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 ln