IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 Bail Appl..No. 5672 of 2011() ----------------------------- CBCID CRIME NO.128/CR/EOW-I/KOLLAM/2011 (ORIGINALLY REGISTERED AS CRIME NO.594/2011 OF KOLLAM EAST POLICE STATION) PETITIONER/ACCUSED MO.4 : --------------------------------- SREERAJ @ JOHNDY, AGED 28 YEARS, S/O.RAJEENDRAN, THEKKDATHUVEETTIL, LEKSHMANA NAGAR-25, ASRAMAM CHERRI, KOLLAM EAST VILLAGE, KOLLAM. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE SUPERINTENDENT OF POLICE, CBCID, EOW-I, KOLLAM, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5672 of 2011 --------------------------- Dated this the 18th day of July, 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.4 in CBCID Crime No.128/CR/EOW-I/Kollam/2011 (Originally registered as Crime No.594 of 2011 of Kollam East Police Station). 2. The offences alleged against the petitioner are under Sections 364, 341, 294(b), 323, 324 and 307 read with Section 34 of the Indian Penal Code. 3. The incident took place on 24.5.2011. The petitioner was arrested on 31.5.2011 and the petitioner is in judicial custody since then. 4. Learned counsel for the petitioner submitted that accused No.1 was granted bail by the Sessions Court, Kollam, BA 5672/2011 2 as per the order dated 12.7.2011 in Crl.M.P.No.1836 of 2011. 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 present stage of investigation, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for ` 50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kollam, 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; BA 5672/2011 3 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