IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 9821 of 2011() ----------------------------- PETITIONER/ACCUSED ------------------------------ ARIF K.P, S/O.ASHRAF,AGED 20 YEARS, KIZHAKKE PURAYIL HOUSE, PATTUVAM KADAVU,PATTUVAM AMSOM, KANNUR DISTRICT BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT(S): --------------- STATE REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM THROUGH S.H.O.TALIPARAMBA POLICE STATION, KANNUR DT. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 9821 OF 2011 --------------------------------- Dated this the 2nd day of December , 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.457 of 2011 of Taliparamba Police Station, Kannur District. 2.The offences alleged against the petitioner are under Sections 143, 147, 148, 452, 437 and 395 read with 149 of the Indian Penal Code. 3.The prosecution case is that on 6.7.2011, the accused persons, armed with deadly weapons, trespassed into the house of the defacto complainant and destroyed the household articles and committed theft of 6 ½ sovereigns of gold ornaments. The learned Public Prosecutor submitted that the petitioner is involved in several other offences of B.A.No. 9821 OF 2011 2 similar nature. 4.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 19.12.2011. 5.The petitioner shall be released on bail only on 19.12.2011 on his executing bond for `25,000/- (Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Taliparamba, 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 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. B.A.No. 9821 OF 2011 3 D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioner shall cooperate with the investigating officer in the matter of investigation. 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 cms