IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 Bail Appl..No. 7764 of 2011() ----------------------------- AGAINST THE ODER IN BA.7128/2010 Dated 05/09/2011 CRIME NO.616 OF 2011 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM DT. .................... PETITIONER/1ST ACCUSED ------------------------------------------ RAJEESH @ SHIBU, S/O.VELAYUDHAN NAIR, RAJEESH VILASOM, NARIKKAL, THENNOOR, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.K.S.PRAVEEN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.7764 OF 2011 --------------------------------- Dated this the 28th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.616 of 2011 of Museum Police Station, Thiruvananthapuram District. 2.The offences alleged against the petitioner are under Sections 323, 363, 366-A and 376 read with 34 of the Indian Penal Code. 3. Bail Application Nos.6286 of 2011 and 7128 of 2011 filed by the petitioner were dismissed by this court by the orders dated 17th August, 2011 and 5th September, 2011 respectively. Investigation has progressed thereafter. 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 B.A.No.7764 OF 2011 2 investigation, I am of the view that bail can be granted to the petitioner. 5.The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Thiruvananthapuram, 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 and Thursdays for two months and thereafter on Mondays, till the investigation is over 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. F) In case of breach of any of the conditions B.A.No.7764 OF 2011 3 mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE cms