IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Bail Appl..No. 7972 of 2011 CRIME NO.83 OF 2011 OF MANNAR POLICE STATION, ALAPPUZHA DISTRICT PETITIONER/5TH ACCUSED ------------------------------------------ BIJU, S/O.KUNJUMON, VALUPARAMBIL VEEDU, PERINGADU MURI, ENNAKKADU VILLAGE, BUDHANOOR.P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.P.VINODKUMAR RESPONDENT:COMPLAINANT ------------------------------------- STATE OF KERALA, BY THE SUB INSPECTOR OF POLICE, MANNAR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7972 OF 2011 ------------------------------------------------------ Dated this the 10th day of October, 2011 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.83 of 2011 of Mannar Police Station, Alappuzha District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 212, 324, 326, 341, 294(b) and 307 read with Section 149 of the Indian Penal Code and Sections 20 and 27 of the Arms Act. 3. The date of occurrence was on 11.2.2011. The petitioner surrendered before Court on 25.8.2011 and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. BAIL APPL. NO.7972 OF 2011 :: 2 :: 5. As per the order dated 22.7.2011 in B.A.No.5833 of 2011, bail was granted to accused No.3. 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. 7. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chengannur, subject to the following conditions: a) The petitioner shall not enter into the limits of Mannar Police Station for a period of two months, except for complying with conditions (b) and (c); b) 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; c) The petitioner shall appear before the investigating officer for interrogation as and when required; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; BAIL APPL. NO.7972 OF 2011 :: 3 :: 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/