IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 Bail Appl..No. 6415 of 2009 -------------------------------------- (CRIME NO. 691/2009 OF KAYAMKULAM POLICE STATION, ALAPPUZHA) ........... PETITIONR/ACCUSED: -------------------------------- NAVAS, S/O. THAHA, KOCHAYYATHU PADEETTATHIL, PUTHUPPALLI THEKKUM MURI, PUTHUPPALLI VILLAGE. BY ADV. MR.RASHEED C.NOORANAD. RESPONDENT/STATE/COMPLAINANT: ------------------------------------------------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/11/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No. 6415 of 2009 ------------------------------------ Dated this the 6th day of November, 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.3 in Crime No.691/2009 of Kayamkulam Police Station, Alappuzha. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 149, 302 and 506(ii) of the Indian Penal Code. 3. The date of occurrence was on 1/9/2009. The petitioner was arrested on 5/9/2009 and he is in judicial custody since then. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. It is submitted that accused No.7 is not arrested so far. The learned Public Prosecutor also submitted that the investigation is not complete and it is not safe to release the petitioner on bail at this stage. 5. The learned counsel for the petitioner submitted that the petitioner is aged only 21 years and he is a student. It is also pointed out that one of the accused is a juvenile. 6. 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. 6415 /2009 2 investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kayamkulam 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, Wednesdays and Fridays for a period of two months and thereafter on every Monday, 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