IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 Bail Appl..No. 718 of 2010 CRIME NO.570 OF 2009 OF KILIKOLLOOR POLICE STATION, KOLLAM PETITIONER/ACCUSED -------------------------------------- BINU, S/O.SOMAN, KANNANKARA THODIYIL, VALATHUNGAL CHERRYIL, ERAVIPURAM VILLAGE. BY ADV. SRI.T.MADHU RESPONDENT: STATE -------------------- THE STATION HOUSE OFFICER, KILIKKOLLOOR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 718 OF 2010 ------------------------------------------------------ Dated this the 10th day of February, 2010 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.15 in Crime No.570 of 2009 of Kilikolloor Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 452, 427, 323, 326, 506(ii) and 308 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The date of occurrence was on 29.10.2009 at 1 A.M.. The victim, Rukkiya, is a lady aged 70 years. The de facto complainant is the son-in-law of the victim. The petitioner was arrested on 25.1.2010 and he was remanded to judicial custody on 26.1.2010. 4. As per the order dated 19.11.2009 in B.A.No.6624 of 2009, bail was granted to accused No.11. B.A. NO. 718 OF 2010 :: 2 :: 5. The learned counsel for the petitioner submits that the petitioner undertakes not to involve in any other offence while on bail in the present case. This undertaking is recorded. 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 also the undertaking, 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.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kollam 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 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; B.A. NO. 718 OF 2010 :: 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 ahz/