IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 Bail Appl..No. 2406 of 2009() ----------------------------- CRMP.1020/2009 of D.C. & SESSIONS COURT,KOLLAM CRIME NO.302/09 OF KUNDARA POLICE STATION PETITIONER/1ST ACCUSED ------------------------------------------ AVINASH,S/O.CHACKO KOSHY, CHERUKARAPUTHEN VEEDU,PAZHANGALAM CHERRY, NEDUMPANA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED THE S.I.OF POLICE,KUNDARA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/05/2009, THE COURT ON 23/05/2009 PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- B.A.No. 2406 of 2009 ----------------------------------------- Dated this the 23rd May, 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 first accused in Crime No. 302/2009 of Kundara Police Station. 2. The offences alleged against the petitioner are under Sections 344, 365, 366, 376, 383, 427 and 506(1) read with 34 of the Indian Penal Code. 3. It is submitted by learned counsel for petitioner that the second accused filed an application for anticipatory bail before this Court and as per the direction issued by this Court, he surrendered before the investigating officer. He was produced before the court and he was released on regular bail. The petitioner was arrested on 2.4.2009 and he is in judicial custody. 4. 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 BA.2406/09 2 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/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kollam, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 AM and 11 AM 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 vgs.