IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 Bail Appl..No. 5916 of 2009 CRIME NO.526 OF 2009 OF PARIPPALLY POLICE STATION, KOLLAM PETITIONER/5TH ACCUSED ------------------------------------------ BINOD, AGED 28 YEARS, SON OF RAVEENDRAN, RAVEENDRA SADANAM, ELAKAMON, AYIROOR. BY ADV. SRI.ALAN PAPALI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, (CRIME NO.526/2009 OF PARIPPALLY POLICE STATION, KOLLAM DISTRICT), 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 15/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5916 OF 2009 ------------------------------------------------------ Dated this the 15th day of October, 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.5 in Crime No.526 of 2009 of Parippally Police Station. 2. The offences alleged against the accused persons are under Sections 143, 147, 148, 324, 307 and 302 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 31.8.2009. The petitioner was arrested on 3.9.2009 and he was remanded to judicial custody. 4. It is submitted that all the accused were arrested and recovery was also effected. Learned counsel for the petitioner submitted that no specific overt act is alleged against the petitioner. Learned Public Prosecutor submitted that this is not correct and there is general allegation that other than accused Nos.1 and 2, all B.A. NO. 5916 OF 2009 :: 2 :: the other accused persons used iron rods and sticks. Accused Nos.1 and 2 used swords for commission of the offence. 5. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and also 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. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Paravoor, 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 enter the limits of Parippally Police Station for a period of two months, except for complying with conditions (a) and (b); B.A. NO. 5916 OF 2009 :: 3 :: d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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/