High Court Kerala High Court

Basheer vs Kerala State on 25 January, 2010

Kerala High Court
Basheer vs Kerala State on 25 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 336 of 2010()



1. BASHEER
                      ...  Petitioner

                        Vs

1. KERALA STATE
                       ...       Respondent

                For Petitioner  :SRI.K.JAYARAJ

                For Respondent  : No Appearance

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

 Dated :25/01/2010

 O R D E R
                        K.T.SANKARAN, J.
                  ---------------------------------------------
                        B.A.No.336 of 2010
                  ---------------------------------------------
             Dated this the 25th day of January, 2010



                               ORDER

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioner is the accused in

Crime No.998 of 2009 of Kayamkulam Police Station.

2. The offence alleged against the petitioner is under

Section 308 of the Indian Penal Code.

3. The date of occurrence was 23.12.2009. The

petitioner was arrested on 31.12.2009 and he was remanded to

judicial custody.

4. In respect of the incident on 23.12.2009, Crime

No.1044 of 2009 was registered in which the petitioner is the

de facto complainant.

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.

BA No.336/2010 2

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, Kayamkulam, 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;

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
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