Muhammed Shameem.K. vs State – Represented By Public on 21 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7523 of 2009()


1. MUHAMMED SHAMEEM.K., S/O.ABDUL KHADER,
                      ...  Petitioner

                        Vs



1. STATE - REPRESENTED BY PUBLIC
                       ...       Respondent

2. THE STATION HOUSE OFFICER,

                For Petitioner  :SRI.M.SASINDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :21/12/2009

 O R D E R
                        K.T. SANKARAN, J.
                     ---------------------------
                      B.A. No. 7523 of 2009
                 ------------------------------------
             Dated this the 21st day of December, 2009

                             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.

357/2009 of Kumbla Police Station.

2. The offences alleged against the petitioner are under

Section 308 read with Section 34 of the Indian Penal Code and

Section 3(2) of the P.D.P.P. Act.

3. The prosecution case is that the accused persons pelted

stones on a bus owned by the Karnataka State Road Transport

Corporation. The petitioner was arrested on 07.12.2009 and he

was remanded to judicial custody.

4. Heard the learned counsel for the petitioner and the

learned Public Prosecutor.

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.

6. The petitioner shall be released on bail on his executing

bond for Rs.25,000/- with two solvent sureties each for the like

B.A. No. 7523 of 2009 2

amount to the satisfaction of the Judicial Magistrate of the First

Class-I, Kasaragod 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 surrender his passport if
any before the Judicial Magistrate of the
First Class-I, Kasaragod. If the petitioner
does not possess a passport, an affidavit to
that effect shall be filed.

D) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence.

E) The petitioner shall not commit any offence
or indulge in any prejudicial activity while on
bail.

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

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