IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 Bail Appl..No. 4706 of 2009() ----------------------------- CRIME NO.702/2009 OF NARAKKAL POLICE STATION .................... PETITIONER/ACCUSED NO.3 ------------------------------------------- MIBURAJ, AGED 19 YRS., S/O.BABUKUTAN, KOOTUNGALCHIRA BHAGOM, EDAVANAKKAD VILLAGE, ERNAKULAM DT. BY ADV. SRI.K.ANAND RESPONDENT(S): RESPONDENT ------------------------- 1. CIRCLE INSPECTOR OF POLICE, NARAKKAL POLICE STATION, ERNAKULAM DT. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, DISTRICT & SESSIONS COURT, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4706 of 2009 --------------------------------------------- Dated this the 21st day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.702 of 2009 of Narakkal Police Station. 2. The offence alleged against the petitioner is under Section 394 read with Section 34 of the Indian Penal Code. 3. The incident occurred on 23.4.2009. The petitioner was arrested on 3.5.2009. It is submitted by the learned Public Prosecutor that the charge was laid in the case on 12.6.2009. It is also submitted that the petitioner is involved in other cases as well. 4. The learned counsel for the petitioner submitted that the petitioner was granted bail in all other cases. 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 the charge was laid, I am of the view that bail can be granted to the BA No.4706/2009 2 petitioner. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kochi, subject to the following conditions: a) The petitioner shall appear before the Station House Officer, Narakkal Police Station on every alternate Monday between 9 A.M. and 11 A.M. , for a period of two months; 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 csl