K.Shahul Hameed vs The Station House Officer on 18 January, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7742 of 2009()


1. K.SHAHUL HAMEED, S/O.ABDULRAHIMAN
                      ...  Petitioner

                        Vs



1. THE STATION HOUSE OFFICER,
                       ...       Respondent

2. THE STATE OF KERALA REPRESENTED BY

                For Petitioner  :SRI.A.MOHAMED MUSTAQUE

                For Respondent  : No Appearance

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

 Dated :18/01/2010

 O R D E R
                          K.T.SANKARAN, J.
             ------------------------------------------------------
                       B.A. NO. 7742 OF 2009
             ------------------------------------------------------
            Dated this the 18th day of January, 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.1 in Crime No.497

of 2009 of Chandera Police Station, Kasaragod District.

2. The offence alleged against the petitioner is under Section

436 read with Section 34 of the Indian Penal Code.

3. The prosecution case is that on 15.12.2009 at 2.45 AM, the

accused persons set fire to Marar Smrithi Mandapam in Thrikaripur

Village. The petitioner was arrested on 17.12.2009. He is in judicial

custody since then.

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.

B.A. NO. 7742 OF 2009

:: 2 ::

5. 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 – I,

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 and
Thursdays, 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;

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/