IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 Bail Appl..No. 10558 of 2011() ------------------------------ AGAINST THE ORDER IN BA.9839/2011 CRIME NO.617 OF 2011 OF MALAPPURAM POLICE STATION .................... PETITIONER: -------------------- VIJU, AGED 38 YEARS, S/O.SEBASTIAN, KALLARAKKAL HOUSE, KADALVA THURUTH, GOTHURUTH P.O., ERNAKULAM DIST BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): --------------- STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE, MALAPPURAM POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 10558 OF 2011 ------------------------------------------------------ Dated this the 23rd day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioner is accused No.1 in Crime No.617 of 2011 of Malappuram Police Station. 2. The offence alleged against the accused is under Section 399 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 19.11.2011 at 2.30 A.M., five persons were found in a car parked near Mankada Service Co-Operative Bank. On seeing the police, two of them ran away. Three persons including the petitioner were arrested. On search of the vehicle, iron pipes, chilly powder, torch, gloves, stickers showing the numbers of vehicles etc. were found. B.A.No. 10558 OF 2011 2 4. As per the order dated 9.12.2011 in B.A.No.9839 of 2011, bail was granted to accused Nos. 2 and 3 with effect from 19.12.2011. 5. 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. 6. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Malappuram, 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 B.A.No. 10558 OF 2011 3 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 cms