High Court Kerala High Court

Ibrahim Fasil @ Fasil vs State Of Kerala on 6 November, 2009

Kerala High Court
Ibrahim Fasil @ Fasil vs State Of Kerala on 6 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6280 of 2009()


1. IBRAHIM FASIL @ FASIL,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.M.RAMESH CHANDER

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :06/11/2009

 O R D E R
                        K.T.SANKARAN, J.
                  ---------------------------------------------
                        B.A.No.6280 of 2009
                  ---------------------------------------------
            Dated this the 6th day of November, 2009



                               ORDER

This is an application for bail under Section 439 of the

Code of Criminal Procedure. The petitioner is the first accused

in Crime No.391 of 2009 of Chandera Police Station, Kasaragod

District.

2. The offences alleged against the petitioner are under

Sections 451, 436 and 380 read with Section 34 of the Indian

Penal Code.

3. The date of occurrence was on 17.10.2009 at 2 A.M.

The petitioner was arrested on 20.10.2009. The prosecution

case is that the accused persons broke open the Kairali

Samskarika Vedi Office and took away 45 chairs and set fire to

the furniture and other articles.

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

BA No.6280/2009 2

petitioner.

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 every Monday and
Thursday for a period of two months and thereafter on
every Monday, 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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