IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 Bail Appl..No. 3838 of 2009 CRIME NO.351 OF 2009 OF CHAVARA POLICE STATION PETITIONER(IST ACCUSED) ------------------------------------------- SUMESH,S/O.SUKESAN,AGED 30 YEARS, SANTHA NIVAS,VELITHURUTHIL, NEENDAKARA,KOLLAM. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3838 OF 2009 ------------------------------------------------------ Dated this the 23rd July, 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.1 in Crime No.351 of 2009 of Chavara Police Station. 2. The offences alleged against the petitioner are under Sections 323 and 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 28.5.2009. The petitioner was arrested on 15.6.2009 and he is in judicial custody. Accused Nos.2 and 3 are not arrested so far. It is submitted by the learned Public Prosecutor that the petitioner is involved in some other cases as well. 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 on stringent conditions. 5. The petitioner shall be released on bail on his executing bond B.A. NO. 3838 OF 2009 :: 2 :: for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagapally, 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, 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 ahz/