IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 Bail Appl..No. 6535 of 2009 CRIME NO.249 OF 2009 OF THRIKKUNNAPPUZHA POLICE STATION PETITIONER: 1ST ACCUSED: -------------------- SUKU,S/O.SISUPALAN,VALIYAPARAMBU VEEDU, KALLIKKADU MURI,ARATTUPUZHA VILLAGE. BY ADV. SRI.K.HARILAL RESPONDENTS: COMPLAINANTS: --------------- 1. STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THRIKKUNNAPPUZHA POLICE STATION. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6535 OF 2009 ------------------------------------------------------ Dated this the 10th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.249 of 2009 of Thrikkunnappuzha Police Station. 2. The offences alleged against the accused persons are under Section 308 read with Section 34 of the Indian Penal Code and Section 27(1) of the Arms Act. 3. The date of occurrence was on 16.10.2009. The petitioner was arrested on 18.10.2009 and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, B.A. NO. 6535 OF 2009 :: 2 :: the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6. 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, Haripad, 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 Thrikkunnappuzha Police Station for a period of one month except for 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/