IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 Bail Appl..No. 2891 of 2009() ----------------------------- CRIME NO.126 OF 2009 OF MEDICAL COLLEGE POLICE STATION APPLICANT/ACCUSED NO.5 ------------------------------------- HARIKUMAR G.NAIR, SREEMANDIRAM, RAJAKKADU, IDUKKI. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE,MEDICAL COLLEGE POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A.No.2891 of 2009 ------------------------------- Dated this the 3rd day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused No.5 in Crime No. 126 of 2009 of Medical College Police Station. 2. The offences alleged against the petitioner are under Sections 120(B), 436, 307 and 212 read with Section 34 of the Indian Penal Code and Section 3 of the Explosive Substances Act. 3. The prosecution case is that the first accused, due to enmity towards the defacto complainant, who is a Police Officer, conspired with the other accused and consequently on 25.2.2009 accused Nos.1 and 2 threw acid bombs at the residence of the defacto complainant and caused loss to him. The allegation against the petitioner is that he harboured the accused persons and that he is also involved in the conspiracy. The petitioner was arrested on 24.3.2009 and he is in judicial custody. 4. The learned public prosecutor opposed the Bail Application and submitted that the investigation is not over. 5. Taking into account the facts and circumstances of the case, BA No. 2891/2009 2 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. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Additional Chief Judicial Magistrate Court- 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, 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; 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. K.T.SANKARAN, JUDGE csl