IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Bail Appl..No. 4933 of 2009() ----------------------------- CMP.5686/2009 of J.M.F.C.-I,PATHANAMTHITTA CRIME NO. 193/2009 OF PATHANAMTHITTA POLICE STATION .................... PETITIONER/3RD ACCUSED: ------------------------------------------ RENJITH @ RAJU S/O. JOHNSON, JAVAHAR NAGER -118,NER S.N.COLLEGE, PATTATHANAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR, PATHANAMTHITTA POLICE STATION, THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4933 of 2009 ------------------------------------ Dated this the 28th day of August, 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 third accused in Crime No.193/2008 of Pathanamthitta Police Station. 2. The offence alleged against the petitioner is under Section 395 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 16/02/2008. The petitioner was arrested in connection with Crime No. 232/2009 of Sakthikulangara Police Station. His formal arrest was recorded in the present case on 16/07/2009. 4. The learned Public Prosecutor submitted that charge sheet was filed in the case on 30/7/2009. It is pointed out that the 4th accused was granted bail by this Court as per order dated 10/08/2009 in B.A. No.4344/2009 and the 6th accused was granted bail as per the order dated 17.08.2009 in B.A. No. 4449 of 2009. 5. 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 fact that charge B.A. No.4933 of 2009 2 was laid in the case, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Pathanamthitta 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 and Thursdays, until further orders. b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. d) 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 ln