IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 2006 of 2010() ----------------------------- CRIME NO.206/2009 OF PERUVANTHANAM POLICE STATION, IDUKKI DISTRICT. CMP.1076/2010 of J.M.F.C.-II, PEERUMEDU .................... PETITIONER/1ST ACCUSED1 ------------------------------------------- SHIJO.P.THOMAS, S/O.THOMAS THOMAS, POOCHALIL HOUSE, KOMBANPARA BHAGAM, KANAYANKAVAYAL KARA, PERUVANTHANAM VILLAGE, NOW RESIDING AT HOUSE OF JOSE, PURAYIDATHIL HOUSE, KANAYANKAVAYAL BHAGAM, PERUVANTHANAM VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 2006 of 2010 ------------------------------------ Dated this the 8th day of April, 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.1 in Crime No. 206/2009 of Peruvanthanam Police Station, Idukki District. 2. The offence alleged against the petitioner is under Section 308 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 16.12.2009. The petitioner was arrested on 24.03.2010 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed in the case on 30.03.2010. 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 also the fact that charge sheet was filed in the case, I am of the view that bail can be granted to the petitioner. B.A. No. 2006 of 2010 2 6. 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-II, Peermade subject to the following conditions:- A) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. C) 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 ln