IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 Bail Appl..No. 6036 of 2009() ----------------------------- CRIME NO.526/09 OF PARIPPALLY POLICE STATION, KOLLAM .................... PETITIONER/ACCUSED NO.9 ------------------------------------------- SIBIN SIDH @ ACHU, S/O.SIDHARTHAN, S.S.LAND, NEAR SAMSKARIKA NILAYAM, OONNINMOODU, ELAKAMON, AIROOR VILLAGE, TVM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PARIPPALLY POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6036 of 2009 --------------------------------------------- Dated this the 21st day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.9 in Crime No.526 of 2009 of Parippally Police Station. 2. The offences alleged against the accused persons are under Sections 143, 147, 148, 324, 307 and 302 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 31.8.2009. The petitioner was arrested on 10.9.2009 and he was remanded to judicial custody. Accused No.5, who was arrested on 3.9.2009, was granted bail by this Court as per the order dated 15th October 2009 in Bail Application No.5916 of 2009. 4. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and also 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 BA No.6036/2009 2 view that bail can be granted to the petitioner on stringent conditions. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Paravoor, 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 enter the limits of Parippally Police Station for a period of two months, except for complying with conditions (a) and (b); d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; 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 csl BA No.6036/2009 3 K.T.SANKARAN, JUDGE csl