IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 Bail Appl..No. 7139 of 2011() ----------------------------- CMP NO.8580/2011 OF JFCM, ERATTUPETTA PETITONER/4TH ACCUSED ----------------------------------------- BABY, S/O.KURIAKOSE, AGED 47 YEARS, KOCHUPURACKAL HOUSE, PERUNILAM BHAGAM, THEKKEKARA, ERATTUPETTA VILLAGE. BY ADV. SRI.SHAJI THOMAS SRI.N.NAGARESH SRI.BINU PAUL SRI.T.V.VINU RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, ERATTUPETTA-686121. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, JUDGE --------------------------------------- B.A.No.7139 of 2011 ---------------------------------------- Dated this the 5th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No. 354 of 2011 of the Erattupetta Police Station. 2. The offence alleged against the petitioner is under Section 394 read with Section 34 of IPC. 3. The date of occurrence was on 8.7.2011. The petitioner was arrested on 11.7.2011 and he was remanded to judicial custody. 4. Heard learned counsel for the petitioner and the learned Public Prosecutor. 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. 6. The petitioner shall be released on bail on his executing bond for Rs. 25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, B.A.No.7139 of 2011 2 Erattupetta , 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 and Thursdays for two months , thereafter on Mondays till the final report is filed or until further orders; B) The petitioner/petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not enter into Erattupetta Police Station limit for a period of one month except for complying with the conditions A & 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 rkc