IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 Bail Appl..No. 3449 of 2009 ----------------------------- CRIME NO.742/08 OF NEYYATTINKARA POLICE STATION .................... PETITIONER/2ND ACCUSED: ------------------------------- PROMOD, S/O. VIDHYADHARAN, CHAMAVILA VEEDU, NEAR KAMUKINKODE, KOCHUPALLI, VENPAKAL DESOM, ATHIYANNOOR VILLAGE. BY ADV. SRI.R.GOPAN RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA, REPRESENTED VIA PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 3449 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of July, 2009 O R D E R Petitioner is the 2nd accused in Crime No.742 of 2008 of Neyyattinkara Police Station. He was arrested on 26.04.09 and since then he is in custody. Prosecution case is that, on 19.12.08 at about 7.20 p.m., while the defacto complainant was returning in his motor cycle along with his friend as a pillion rider, in furtherance of the common intention to cause death of the pillion rider, Dileep, petitioner and other accused inflicted injuries by beating him with iron rod and thereby committed offences under Sections 342, 323, 324, 307 r/w Section 34 IPC. Though petitioner filed Cr.M.C No.819/2009 for bail under Section 439 of Cr.P.C, learned Sessions Judge, Thiruvananthapuram dismissed it under Annexure A order on 09.06.09 stating that as the case is under investigation, it is too early to release him. Learned counsel appearing for the petitioner submitted that as petitioner has been in custody from 26.04.09 onwards, he may be granted bail. Learned Public Prosecutor did not object to the granting of bail but submitted that sufficient conditions be imposed. B.A No.3449/09. -:2:- 2. Considering the fact that petitioner has been in custody since 26.04.09 and further custody of the petitioner is not necessary for the purpose of investigation, in the interest of justice petitioner is to be granted bail on sufficient conditions. Release the petitioner on bail, on executing a bond for Rs.15,000/-(Rupees Fifteen thousand only) with two solvent sureties each for the like sum to the satisfaction of Judicial First Class Magistrate Court-I, Neyyattinkara on the following conditions: i. Petitioner shall not intimidate or threaten any witness and shall not interfere with the investigation. ii. Petitioner shall appear before the Investigating Officer on every Friday between 10 a.m. And 1 p.m. and shall make him available for interrogation as and when required. iii. Petitioner shall not leave the jurisdiction of the learned Magistrate without permission. M. SASIDHARAN NAMBIAR, JUDGE ttb