IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 2124 of 2010 CRIME NO.90 OF 2008 OF BEKAL POLICE STATION, KASARAGOD DISTRICT CP.53/2009 of J.M.F.C.-II,HOSDURG PETITIONER/ACCUSED NO.13: -------------------------------------- MADHUSOODANAN, S/O.NARAANAN MANIANI, MUTHIAKKAL, UDUMA P.O., HOSDURG TALUK, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT: COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, BEKAL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2124 OF 2010 ------------------------------------------------------ Dated this the 8th day of April, 2010 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.13 in Crime No.90 of 2008 of Bekal Police Station, Kasaragod District, which is now pending as C.P.No.53 of 2009 on the file of the Court of the Judicial Magistrate of the First Class II, Hosdurg. 2. The offences alleged against the accused are under Sections 143, 147, 148, 332, 324 and 308 read with Section 149 of the Indian Penal Code, Section 2 of the Prevention of Disturbance of Public Meeting Act and Section 3(2)(c) of the PDPP Act. 3. The incident took place on 8.2.2008. After completing the investigation, charge sheet was filed. The case is pending as C.P.No.53 of 2009 on the file of the Court of the Judicial Magistrate of the First Class II, Hosdurg. The petitioner, who is accused No.13 in the present case, was appearing before the Court in some other B.A. NO. 2124 OF 2010 :: 2 :: cases. Therefore, the Court remanded the petitioner in the present case on 27.3.2010. His application for bail was dismissed by the learned Magistrate by the order dated 29.3.2010. 4. The learned counsel for the petitioner submitted that the petitioner is prepared to comply with any condition that may be imposed by the Court. The learned counsel for the petitioner also submitted that the petitioner undertakes to appear before Court on all posting dates without fail, except for reasons beyond his control. 5. Taking into account the facts and circumstances of the case and also the assurance made by the learned counsel for the petitioner, I am inclined to grant bail to the petitioner on stringent conditions. 6. 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 Judicial Magistrate of the First Class-II, Hosdurg, subject to the following conditions: B.A. NO. 2124 OF 2010 :: 3 :: a) The petitioner shall appear before Court on all posting dates without fail, unless he is prevented by sufficient cause from appearing, for reasons beyond his control, to the satisfaction of the learned Magistrate; b) The petitioner shall surrender his passport, if any, before the Judicial Magistrate of the First Class II, Hosdurg within one week. If the petitioner does not hold an Indian passport, an affidavit to that effect, sworn to by him, shall be filed before the learned Magistrate within one week; 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 ahz/