IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4777 of 2009()
1. SHEMEER, S/O. USMAN,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :28/08/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 4777 OF 2009
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Dated this the 28th August, 2009
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.11 in Crime
No.452 of 2008 of the Pavaratty Police Station.
2. The offences alleged against the petitioner are under
Sections 143, 144, 153-A, 201, 212, 302 and 120B read with Section
149 of the Indian Penal Code.
3. The date of occurrence was on 21.8.2008. The petitioner
was arrested on 7.8.2009. It is submitted by the learned Public
Prosecutor that accused Nos.1, 9 and 12 have not been arrested so
far. At the same time, persons who were arrested, were granted bail.
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. 4777 OF 2009
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5. The petitioner shall be released on bail on his executing
bond for Rs.50,000/- with two solvent sureties for the like amount to
the satisfaction of the Judicial Magistrate of the First Class,
Chavakkad, 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 enter into the limits of Pavaratty
Police Station for a period of two months, except of
complying with conditions (a) and (b);
d) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
e) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
f) 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/
