IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 Bail Appl..No. 9366 of 2011 CRIME NO.333 OF 2011 OF CHITTARIKKAL POLICE STATION, KASARAGOD. PETITIONER/ACCUSED NO.1 ------------------------------------------- SHANID.T., AGED 29 YEARS, S/O.MOOSA, THIDILIL (H), T.D.ROAD, NEAR KOTTAKKAL ARYAVAIDYASALA, HOSDURG VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH SRI.M.S.BREEZE. RESPONDENTS: COMPLAINANT & STATE: ----------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. THE STATION HOUSE OFFICER, (CRIME NO.333 OF 2011 OF CHITTARIKKAL POLICE STATION), KASARAGOD DISTRICT-671 313. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON 14/12/2011 PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9366 OF 2011 ------------------------------------------------------ Dated this the 14th day of December, 2011 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.1 in Crime No.333 of 2011 of Chittarikkal Police Station, Kasaragod District. 2. The offence alleged against the accused is under Section 436 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 14.10.2011 at 3 A.M., the accused set fire to the coconuts kept in the verandah of the house of the defacto complainant by pouring petrol. The petitioner was arrested in connection with Crime No.1191 of 2011 of Hosdurg Police Station on 21.10.2011 and his formal arrest was recorded in the present case on 21.10.2011 (according to the learned Public Prosecutor) and on 3.11.2011 (according to the learned counsel for the petitioner). BAIL APPL. NO.9366 OF 2011 :: 2 :: 4. B.A.No.9063 of 2011 filed by the petitioner in Crime No.1191 of 2011 of Hosdurg Polide Station was allowed and bail was granted to him with effect from 20.12.2011. 5. 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, however, only with effect from 20.12.2011. 6. The petitioner shall be released on bail only on 20.12.2011 on his executing bond for Rupees Twenty five thousand 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: 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; BAIL APPL. NO.9366 OF 2011 :: 3 :: 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/