IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Bail Appl..No. 5508 of 2009 CRIME NO.32 OF 2009 OF SREEKARYAM POLICE STATION PETITIONER/1ST ACCUSED ------------------------------------------ VINOD @ CHIKKAN VINOD, S/O.KRISHNAN, VIJITHA BHAVAN, ALIYAVOORKONAM, POWDIKONAM, SANTHIPURAM WARD, ULIYAZHUTHURA VILLAGE. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5508 OF 2009 ------------------------------------------------------ Dated this the 30th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.32 of 2009 of Sreekaryam Police Station. 2. The offences alleged against the accused persons are under Sections 324 and 308 of the Indian Penal Code. 3. The date of occurrence was on 25.1.2009. The petitioner was arrested on 11.8.2009 and he is in judicial custody since then. 4. Learned Public Prosecutor submitted that several cases are pending against the petitioner. Learned Public Prosecutor also submitted that on 15.8.2009, the District Magistrate, Thiruvananthapuram has passed an order under Section 3 of the Kerala Anti Social Activities Prevention Act against the petitioner. B.A. NO. 5508 OF 2009 :: 2 :: 5. Learned counsel for the petitioner submits that the petitioner undertakes that he will not commit any offence if bail is granted in this case. This submission 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 the present stage of 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 for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Thiruvananthapuram, 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, 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; B.A. NO. 5508 OF 2009 :: 3 :: 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. The petitioner shall be released from jail only if his detention is not otherwise required. (K.T.SANKARAN) Judge ahz/