IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 Bail Appl..No. 5349 of 2009() ------------------------------------ CRIME NO. 123/2009 OF KANNAPURAM POLICE STATION .................... PETITIONER/ACCUSED (IN CUSTODY): ------------------------------------------------------- MURTHOOSA M.P., S/O. MOIDU, AGED 28 YEARS, METHILEPURAYIL HOUSE, POST PAPPINISSERY, KANNUR DISTRICT. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT/COMPLAINANT: -------------------------------------------- STATION HOUSE OFFICER, KANNAPURAM POLICE STATION, KANNUR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. SIVAKUMAR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5349 of 2009 ------------------------------------ Dated this the 24th day of September, 2009 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.3 in Crime No. 123/2009 of Kannapuram Police Station. 2. The offence alleged against the petitioner is under Section 392 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 12.07.2009. The petitioner was arrested on 17.07.2009. 4. The learned counsel for the petitioner submitted that accused Nos. 2 and 4 were released on bail as per the order dated 22.09.2009 passed by the Judicial Magistrate of the First Class-I, Kannur. A statement dated 24th September, 2009 is filed by the learned counsel for the petitioner stating that such an order was passed by the learned Magistrate. It is also submitted that the investigation is almost over and that the recovery of the articles involved in the offence was made. 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 B.A. No. 5349 of 2009 2 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.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kannur 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, 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 ln