IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISTHA 1931 Bail Appl..No. 2548 of 2009() ------------------------------------ CMP.1142/2009 of J.M.F.C.,PEERUMEDU CRIME NO.210/09 OF KUMILY POLICE STATION PETITIONER/ACCUSED --------------------------------- JOHNSON THOMAS, S/O.THOMAS, CHANDANAKKATTIL HOUSE, VELLARAMKUNNU KARA, KUMILY VILLAGE, PEERMADE TALUK. BY ADV. SRI.K.SATHEESH KUMAR RESPONDENT(S): COMPLAINANT ----------------------------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/05/2009, THE COURT ON 27/05/2009 PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2548 of 2009 ----------------------------------------- Dated this the 27th May, 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 accused in Crime No. 210/09 of Kumily Police Station. 2. The offence alleged against the petitioner is under Section 308 of the Indian Penal Code. 3. The de facto complainant is the wife of the accused. The prosecution case is that the accused entangled a shall on the neck of the de facto complainant and tried to set fire on her after opening gas cylinder. The petitioner was arrested and produced before the Court on 28.4.2009. He is in judicial custody. 4. Learned Public Prosecutor submitted that the investigation is almost over. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA.2548/09 2 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. 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-II, Peermedu, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 AM and 11 AM 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. BA.2548/09 3 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 vgs.