IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Bail Appl..No. 7172 of 2009() ------------------------------------ CMP. NO.9814/2009 DTD. 26.11.2009 OF THE JUDL IST CLASS MAGISTRATE COURT -I, CHENGANNUR. CRIME NO.860/2009 OF CHENGANNUR POLICE STATION .......... PETITIONER/ACCUSED NO.2 (IN CUSTODY) ------------------------- V.VINOD, S/O. VASUDEVAN, AGED 30 YEARS, KARTHIKAVILASAM VEEDU, C.M.C.2 WARD, MUNDANKAVU MURI, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. MR.V.MANOJ KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.M.S.BREEZE THIS BAIL APPLICATION HAVING COME FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 7172 of 2009 ------------------------------------ Dated this the 14th day of December, 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.2 in Crime No.860/2009 of Chengannur Police Station. 2. The offence alleged against the petitioner is under Section 115 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 6/11/2009, accused Nos. 1 and 2 made a request to one Aji to do away with the de facto complainant. Aji informed the de facto complainant about the request so made by accused Nos. 1 and 2. The de facto complainant informed the police about the incident. The petitioner was arrested on 25/11/2009 and he was remanded to judicial custody on 26/11/2009. 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. 7172/2009 2 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/-with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chengannur 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 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 scm