IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2124 of 2010()
1. A4
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE, BEKAL
... Respondent
For Petitioner :SRI.T.B.SHAJIMON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :08/04/2010
O R D E R
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/