IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Bail Appl..No. 3641 of 2009 CRIME NO.306 OF 2009 OF PARASSALA POLICE STATION C.M.P.NO.5062/2009 OF JUDICIAL FIRST CLASS MAGISTRATE – II, NEYYATTINKARA. PETITIONER/ACCUSED ----------------------------------- SURESHKUMAR,S/O.ALBERT, AGED 31, NEDUVANVILA, PANNOORVILAKAM PUTHUVAL PUTHEN VEEDU, MURIYANKARA DESOM, PARASSALA VILLAGE. BY ADV. SRI.R.T.PRADEEP RESPONDENT: --------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3641 OF 2009 E ------------------------------------------------------ Dated this the 6th July, 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 accused in Crime No.306 of 2009 of Parassala Police Station. 2. The offence alleged against the petitioner is under Section 304B of the Indian Penal Code. Originally, the offence alleged against the petitioner was under Sections 498A and 306 of the Indian Penal Code. 3. The petitioner filed B.A.No.3354 of 2009 before this Court, which was dismissed by the order dated 22.6.2009. At that time, the offence alleged against the petitioner was under Sections 498A and 306 of the Indian Penal Code. In the light of the change of circumstances, this Bail Application is to be considered. 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 investigation, I am of the view that bail can be granted to the petitioner. B.A. NO. 3641 OF 2009 :: 2 :: 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 – II, Neyyattinkara, 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; 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 ahz/