IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7823 of 2009()
1. SANTHOSHKUMAR @ SANTHU, AGED 27 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.SHAIJAN C.GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :06/01/2010
O R D E R
K.T.SANKARAN, J.
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B.A.No.7823 of 2009
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Dated this the 6th day of January, 2010
ORDER
This is an application for bail under Section 439 of the Code
of Criminal Procedure. The petitioner is accused No.4 in Crime
No.842 of 2009 of Kasaragod Police Station.
2. The offences alleged against the petitioner are under
Sections 143, 147, 148, 427 and 153(A) read with Section 149 of
the Indian Penal Code.
3. The incident occurred on 15.11.2009. The petitioner
was arrested on 24.11.2009.
4. A series of incidents occurred on 15.11.2009 and on the
succeeding day as a result of a clash between two groups of
people. The allegation in the present case is that the accused
persons pelted stones against a mosque and destroyed window
panes of the mosque.
5. The learned counsel for the petitioner submitted that
the remaining accused in the case were granted bail by the learned
Sessions Judge.
6. The learned Public Prosecutor submitted that accused
Nos.1 to 3 were granted bail. Subsequently, the investigating
officer has filed an application for cancellation of bail granted to
BA No.7823/2009 2
accused Nos.1 to 3 and the application was posted to 4th January
2010. The application was adjourned to 6th January, 2010.
7. 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.
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 Chief Judicial Magistrate, 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 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
csl